If a mother has epilepsy but is controlled by medication, can the father take his child away from her for that?

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they live together. she has 2 kids but he is only the father of one. her condition is controled and only affects her if she is under ALOT of stress. she is planning on leaving him but he is threatening to take the child away, and he will tell the court she is unfit to care for them because of her condition.

Attorney Answers

2
Tajara Dommershausen ·
There is not enough information to answer this. Do they have a custody agreement? Is he on the birth certificate? Has he been adjudicated the father? If not, he should file a paternity action immediately. There are many things that factor into custody but the courts try to maximize placement with both parents as long as it is in the best interests of the child.
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Jane Probst ·
Normally, not. However, it may depend upon the severity and frequency of the seizures and the ages of her children. If she is having many grand mal seizures and the children are very young, this may be considered. He needs to speak with an experienced family law attorney to discuss this further.
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