Mom diagnosed with Schizophrenia 5+ yrs ago, no meds or therapy needed - Could she get custody of infant son?

Here's the situation, please give your input as to whether or not you think she could get custody (sorry if it sounds a bit cold, just trying to give the important details here!):

23 year old mother was diagnosed with Schizophrenia 5+ yrs ago. She hasn't needed/taken medication or therapy in 4 1/2 yrs. She was diagnosed with Schizophrenia, then it was changed to Schizo-affective disorder, then it went to Bipolar disorder. She applied for disability 5 yrs ago and was refused on the grounds of being "emotionally and mentally sound enough to work a public job."

She's fully stable (without meds or therapy) and is responsible. She just gave birth to her first son and wants to leave her relationship with his father.

The father already has partial custody of his first son by another woman. The father works, supports both of his sons financially and is responsible as well.

* Do you think this past diagnosis would make it impossible for the mother to get full custody of her son? *

No. The former diagnoses should not interfere with her securing custody - mainly because they were incorrect.

If she has been fully stable for 5 years WITHOUT meds, neither schizophrenia nor schizoaffective disorder were accurate diagnoses. Neither of these disorders in the psychotic spectrum spontaneously remit.

Although it is possible that the bipolar diagnosis was correct, it would be extraordinarily unlikely that she would be stable without medication. Even if the bipolar dx was correct, bipolar disorder is very effectively managed with medication, and custody would not be denied based SOLELY on that diagnosis. It could be denied, however, if her symptoms were out of control and put the child in danger in some way.

The fact that she was denied disability by the same judicial system which will make the custody decision also bodes well for her (meaning that the chance she would be denied custody is very low).

Bottom line: is she is stable today and can provide a safe, loving home for her child - the likelihood she would be denied custody based on a former (HIGHLY LIKELY INACCURATE) diagnosis is extremely low.

~M~

Just because of the diagnosis does mean she wont get custody. They prob will order a Child Custody Evaluation and evaluate her and the kids. This will determine the best needs of the child. Just because someone is dx Schizophrenia, Bi-polar, or Schizo-Affective disorder does not mean they cant be good parents or that they are a danger to themselves or others. This is an old myth, and is a reason why there is such a stigma against so many psychological diagnosis.

Was she diagnosed properly? There is a nutrient deficiency that mimicks schizophrenia called pellegra, if she hasn't taken any meds and can function without them she needs to get re-evaluated by a psychiatrist.

shes gonna have to endanger the infants life first, than they have to prove it 2, unfortunently birthing rights could kill her infant

I seriously doubt that she could get custody...and this is why...
You say she is stable...without meds...and that is all well and good...
But here is the question....DOES SHE GO TO ANY THERAPY AT ALL? Who is the one that is saying she is stable without medication? If the only one is YOU...then that is NOT going to hold up in court...
If she is capable of holding a job...does she have one? If she does...that would help tremendously...but if she doesn't...then it will hurt a lot...the court will look at her as if she is doing nothing...nothing to support herself and/or her kids...and that is not good...they would never take them from a supportive parent...who is not bi-polar, schizophrenic...or what ever...and give them to her...never...not without her being employed and in therapy...no way...
Hope this helps...