Q: Can a mom with 50/50 agreed custody voluntarily admit themselves to a residential treatment center lose custody rights?
Jackie has no criminal record. Jackie voluntarily decided to seek help at a 30-day residential program in her internal concern for misuse of alcohol. Jackie’s ex husband is emotionally abusive. After Jackie expressed her desire for a treatment program Jackie’s ex seemed to be fully supportive and stated he was happy for her. Following completion of program, her ex husband is now is denying her custody rights of their 3 children and will not let her see them or fault back to their 50/50 custody agreement. Jackie was thrown off by his initial “support” so she has a recording of their phone conversation regarding following discharge they agreed to return to 50/50 custody. The ex is now has decided he wants all treatment documents and future recommendations, retaining legal representation. The ex will not allow Jackie to see the children or allow them back into her custody for their upcoming Holiday plans.
A:
If proper arrangements were made and it was successfully completed, it seems unlikely a mom with 50/50 (who agreed to custody voluntarily) and admit themselves to a residential treatment center would lose custody rights. She has several options when the other parent isn’t following a court order, including: mediation (it may be required;) Parenting Time Assistance Motion;
Change of Custody; and/or Contempt ("Contempt of Court.”)
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