# Child custody when spouse has depression



## EDCIJB (May 10, 2012)

My wife told me last Wednesday that she wants a divorce. I was ready to go ahead and get my lawyer ready for this. She would now like to go to marriage counseling but also plans to move out this Saturday with our five year old son. My wife suffers from depression and has PTSD. She is currently going to a program for help with these problems. She is able to get him to school and doctor appointments but also sleeps a lot at times which means my son is basically unsupervised when this happens. She has been in the mental health wing of the hospital two times in 2013. She has said that at times she feels suicidal. She has been hospitalized other times too for her depression. She isn't vey stable. Given her problems what are the chances that I could possibly get sole custody with visitation for her or at least primary custody.


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## Pluto2 (Aug 17, 2011)

Do you want sole legal custody, or sole physical custody?

The fact that she has diagnosed depression is not per se grounds for obtaining sole custody, legal or physical. Courts will want current medical evaluations, and you should raise this point for the safety of the kids and her. If she's stable, there's no reason not to award joint custody. If she's not stable, then both her and the kids will benefit from on-going treatment.
Sorry.


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## EDCIJB (May 10, 2012)

I would like physical custody. She has already said that in a few years she would move with him if she had custody. He needs a stable environment.


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## EDCIJB (May 10, 2012)

We are in Georgia. She has threatened divorce before but would always say that I could have custody as long as she could see him. She has been fighting depression since before I met her. Has suicidal ideations from time to time. I'm not rich by any means. If the stress of a divorce gets to her there is a real good chance she will be back in the hospital, seen it too many times before.


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