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O.T: Can DH use my past eating disorder history against me for custody?

newbiestepmom25's picture

Submitted by newbiestepmom25 on Fri, 09/13/2013 - 8:54am

I filed for a divorce and petitioned for temporary custody of BS. My lawyer said becouse we have a baby together and a home we are paying off it could take up to a year for our divorce to be finalized. Good grief. I got a text to DH that makes me think he might want to use my past against me.

I have had a struggle with bulimia I have went to rehab and my life is on the right track. In all honesty I do have my bad days. Can DH use this against me to make me look like an unfit parent in the eyes of the law?

Comments

askYOURdad's picture

Submitted by askYOURdad on Fri, 09/13/2013 - 9:04am

I don't want to give you false confidence, but IMO if that is the only thing he has against you it shouldn't even matter. If you can prove that you are providing for your child, your child is healthy and doing well the judge probably won't want to hear any of this.

The only way I could see it applying would be if your child was struggling with serious preventative health problems; being severely overweight or underweight, not very active, not getting the right amount of nutrition etc. Did your BS need a physical for school, print out a copy of it, give it to your lawyer to have and let your lawyer know your concerns, they will know how to work around it. Does your BS do any sports/activities, print out a schedule of that as well.

Delilah's picture

Submitted by Delilah on Fri, 09/13/2013 - 9:10am

How predictable your STBXH is - I think it was only a matter of time when he began the mind games.

Are you recovering? Can you prove this? Are you in good mental health (not withstanding the recent emotional trauma over finding out about STBXH infidelity and real personality)?

If all the above is Yes, then you are likely in a strong position, so please keep ALL your text messages and get advice from your lawyer how to protect yourself from your loon of an ex, as if he is harassing you and being abusive, you do NOT have to put up with it and should take action. Not least it can be used against DH!

fakemommy's picture

Submitted by fakemommy on Fri, 09/13/2013 - 9:10am

Double check with your attny, but I doubt it. You've recognized and sought help for this problem and are fine now. I highly doubt the courts will penalize you for something you can't help and something you have gotten help for. I mean they could use it to find reason for a mental eval done, but I somehow don't think that's something you have to worry about. Good luck. Don't let him bully you into anything. That's all he's trying to do.

overworkedmom's picture

Submitted by overworkedmom on Fri, 09/13/2013 - 9:11am

I can only see that as an issue if you are CURRENTLY not working because of the disease or if you child is suffering because of it. As long as you can maintain a healthy life and your child is healthy you should be fine.

((Hugs)) I am proud of you for staying strong!!

stormabruin's picture

Submitted by stormabruin on Fri, 09/13/2013 - 9:33am

Because of HIPPA laws, we weren't allowed to subpoena any of BM medical records when we were trying to prove that she lied to DH when she claimed to have terminal cancer to get the kids back.

Sunflower1's picture

Submitted by Sunflower1 on Fri, 09/13/2013 - 10:53am

Same guy who just got arrested for a domestic disturbance? Double check with your attorney but I think you're good considering his recent criminal behavior.

stormabruin's picture

Submitted by stormabruin on Fri, 09/13/2013 - 12:13pm

This^^^. If she had a disorder she was not willing to get treatment for, possibly. But she's realized she had a problem & has it under control. That's what a responsible parent does.

misSTEP's picture

Submitted by misSTEP on Fri, 09/13/2013 - 11:45am

I'd say his lack of moral fiber would be a HELL of a lot more of an issue than something medical that you have been treated for.

Ask your lawyer if there is anything you should do or need to do in order to bolster your case.

In reality, I think he's got a snowball's chance in hell of any of that. He just wants to be an ass and freak you out.