My ex has requested 50/50 custody plus court-mandated visitation. We have never been married. I have many concerns with his ability to provide a safe environment for our child due to his mental illness. I have complied a few lists to bring with me to court:
1) Time lines and Family History - relationship, parenting, personal, and family time lines
2) Notable Concerns-mental health history, living conditions, observational notes
3) Incident Report -a time line of unsafe practices and behaviors showcased by my ex (evidence included)
4) Visitation Log
5) Child Support Log
6) Settlement Proposal
Are there any other things I can add to help support my case?
What should I address during the initial hearing versus what I disclose in mediation?
In addition to preparing your concerns you should also be prepared with a proposed schedule of time for your child and your ex that permits your child to benefit from the best he has to offer. Most parents have something positive to offer their child. Acknowledging what that is (even if it is small) and suggesting a schedule that allows your child to gain that benefit casts you in a light of a sensible parent rather than one who is entirely negative about the other parent. Think back as to the best times they have had together and work from that. If he is so seriously mentally ill that he cannot function as a parent even for short time periods, then you should request a psychological evaluation be performed.
Jason William BurgessFamily Law AttorneyWalnut Creek, CA ·
Did you mean mediation instead of visitation?
You have a good start going. Have you provided this in response to his motion for custody? Not knowing where in the process you are, an answer is hard to give. But these issues are good to present to the mediator. You want to focus on what might be a danger to the child, either physically or emotionally. If the mental illness causes dad to be angry or impulsive, that is important. Things like that.
You might want to find a local attorney that gives consultations for free, and offers limited scope representation. he or she can help you prepare better, show you resources for your local court, and even provide advice and writing help for a fee.
You need to make sure that the documents and arguments that you intend to make are filed with the court and advance of the hearing. most of the information the court receives in the family law case is from the declarations filed in advance of the hearing. Don't count on being able to bring this information out at the time of the hearing. I'm not sure how long it is before your court hearing, but if you have time to file a supplemental declaration that should be done right away.
