Troubled Soul (XYZ) 27 June 2010

Anxiety Disorder & Child Custody

We are fighting a divorce case. My kid is with her mom since she was 4 months old. Its been more than 5 years now. My wife stays with her parents. My mother-in-law has been suffering from anxiety disorder (either generalized or social) for past 25-30 years. Anxiety disorder seems to affect children either geneticaly or if brought up in that environment. My wife has been raised by her and though she doesnt have a medical treatment record her behaviour justifies she having the same problem. My wife is working and the kid is most of the time in the company of my mother-in-law. I would like to object this and file for custody citing unsafe evironment. I have MILs doctors prescripttion as an evidence through which i can fight this custody battle. What are the chances of success? What would be side effects of this?

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(Guest)

It is a long battle especially in Indian Courts.

1. Till date only Chennai HC recognised PAS and genetic disorders effects in Child Custody and granted custody of child to father.

2. You inclination to understand the personality of MIL and its effects on your child and then convincing the Guardianship Judge is the basis of winning the custody of you child.

3. I can just guide you to American Acadamy of Child and Adolscent Psychiatry website to understand the practice parameters OR study the DSM - V draft mannual which is yet to publish its Volume V (Diagnosis and Statistical Mannuel on Psychiatry referred by all Psychiatrist all over the world) where for the first time PAS is going to be included to help Child Custody parameters evaluation in asked brief cases and behind all these remember in Indian Courts if you talk of Personality Disorders or Behaviour Personality Disorders of wife and or her family then you will end up doing a PhD by the end of the Case tenures so it is suggested to take small steps at a time which is ask for Visitation and more visitations of child to you and for grandparents and followed by showing good behaviour with natural guardian / g'parents may win the case. In all it is long battle and you can't just stroke one egg (Anxiety Disorder of MIL) as a sole ground to proceed further in Guardians and Wards Cases the Court will not understand it as they themslef are not "wise parents".

However, all the best.

Rgds.