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BM threatening court because of nephew's suicide attempt....Advice requested

IfonlyIknewthen's picture

I have had custody of my 15 year old nephew for about a year. He has mental health issues and has been getting outpatient treatment for as long as he's been with me. Last month he attempted suicide and has been in a residential treatment center ever since.
BM just found out courtesy of SS12 and the heartless bitch texted my DH that if he doesn't leave me immediately, she is going to court to get full custody of SS12 with no visitation rights for DH as BM is worried that nephew will be a bad influence on SS12.
They currently have joint legal with 50/50 parenting time. It has been that way for the last 9 years. I can't imagine a judge would change that because another child is having issues, especially since it had nothing to do with SS12 and he wasn't even here the weekend that it happened.
I am just wondering if anyone else has been in a similar situation or if anyone has any thoughts on this matter?

Comments

Stepped in what momma's picture

I haven't had a similar situation nor am I a BM but I do understand her concern. The other child having issues isn't related to the other child and unless you have custody of the nephew should not be in your household. I think a judge might not see this as one sibling having an issue and effecting another sibling, it is essentially an "outsider" that is having issues.

If it happened while SS wasn't there how does he know about it?

IfonlyIknewthen's picture

I do have custody of my nephew so he does belong in my household. And my nephew has been my SS12's step cousin for 8 years, so it's not like he's completely unrelated. However, I did not get custody until last year.

IfonlyIknewthen's picture

I'm not sure who told SS12 but it was probably one of my kids or DH in reponse to being asked where nephew is.

Glassslipper's picture

Nice, BM jealous of you? She is seriously threating that if DH doesn't leave you she will take his kid away.
Wow! Check out the big balls on BM, too bad they wouldn't work in my state!
Mental illness in a family member is NO reason for a son to lose a father.
In my state, a judge would NOT remove 50/50 because of a siblings mental health issues and clearly you are getting nephew help.
I think you should tell BM to bring it on! Spend her money fighting and prove to the judge she is acting like she is in control of who can and can not be a part of your SS life, including his own father!

IfonlyIknewthen's picture

I don't know if BM's jealous of me or not. BM is a control freak and I stay as far away from her as possible for my own sanity.
The ironic part is that she told DH a few years ago that she was getting on anti-anxiety medication. So technically she has mental health issues herself. I have no idea if she's still on them, but you'd think she would have a little more empathy.

IfonlyIknewthen's picture

He is but not well enough to be discharged yet. He hasn't given a specific reason for the attempt, just says he was sad. They are changing his medication, which is scary because sometimes the medication itself can cause a suicide attempt in teens. So it's nerve wracking to say the least.

PokaDotty's picture

My heart goes out to you and your family.

Regarding BM, I sincerely doubt any judge is going to take away a father's rights to see his child due to another sibling's illness that is currently undergoing treatment for.

IfonlyIknewthen's picture

Thank you and I am thinking along the same lines, but I have heard crazy stories about things that have happened in family court.

Willow2010's picture

I am glad your nephew is ok. Hope the treatment works. I am seriously on the fence about the whole situation. As a BM, I am not sure how I would feel.

But I do have to commend you on the fact that you said you would live a part for a few years if needed. You are putting the needs of the kids in front of your own. (kind of un heard of on this board) IMHO…that says a lot about you.

Good luck…you have a hard road ahead. Hope is levels out for you a bit.

MaggieMay's picture

I wouldnt give BM any info until you talk to your lawyer. Hippa protections- especially for mental health are so strong BM may not be able to get any info other than what you tell her. Without the info, she cant prove her case. Your nephew is entitled to his privacy. Since he's not Dh's child, I dont think they can compel him to provide info he cant get. Dont make her case for her.