Posting for a friend:
The background: Divorced with one son. 50/50 with Mom. Relations with Mom are not great but not awful, Kid is fine. At the time the agreement was signed, Mom was a heavy drinker but functional (held a job, looked after Kid well). No reason for anything other than 50/50 at the time. Then Mom remarried and things went off the rails with new spouse. Drinking got worse, symptoms of mental illness got worse (and before anyone jumps on this, I'm talking about genuine mental illness, not "my ex is crazy" - extensive psychiatric record, DSM diagnoses by actual physicians, at least one involuntary hospitalization. Dad is aware of this because Mom granted permission for lead psychiatrist to talk to Dad about safety of Kid). (At least) two 911 domestic conflict calls to Mom's house, no arrests, CAS investigated and closed file. Mom is now in 3rd rehab programme (two inpatient, one outpatient). Mom's psychiatrist has recommended that Kid stay with Dad until Mom completes latest rehab. Kid is living full-time with Dad, short daytime visits to Mom. Mom is on board with this, for the moment.
The question: At one point does Mom's deteriorating condition meet the standard of a "material change in circumstance" that might merit a long-term change in the parenting agreement? This situation was definitely not foreseen at the time Mom and Dad separated, and Mom is not currently able to care for Kid (and hasn't been for several months). Dad is concerned about the effect on Kid of the revolving-door of Mom getting better, getting worse, relapsing into drinking and fighting, etc and is wondering if establishing that Kid lives full-time with Dad and visits Mom when she's well would provide more stability. And again, before anybody asks, it isn't about CS - Dad has enough money, and has continued to pay Mom offset throughout her deterioration.
Does anyone know the onset of mental illness or worsening addiction affects the determination of a material change?
The background: Divorced with one son. 50/50 with Mom. Relations with Mom are not great but not awful, Kid is fine. At the time the agreement was signed, Mom was a heavy drinker but functional (held a job, looked after Kid well). No reason for anything other than 50/50 at the time. Then Mom remarried and things went off the rails with new spouse. Drinking got worse, symptoms of mental illness got worse (and before anyone jumps on this, I'm talking about genuine mental illness, not "my ex is crazy" - extensive psychiatric record, DSM diagnoses by actual physicians, at least one involuntary hospitalization. Dad is aware of this because Mom granted permission for lead psychiatrist to talk to Dad about safety of Kid). (At least) two 911 domestic conflict calls to Mom's house, no arrests, CAS investigated and closed file. Mom is now in 3rd rehab programme (two inpatient, one outpatient). Mom's psychiatrist has recommended that Kid stay with Dad until Mom completes latest rehab. Kid is living full-time with Dad, short daytime visits to Mom. Mom is on board with this, for the moment.
The question: At one point does Mom's deteriorating condition meet the standard of a "material change in circumstance" that might merit a long-term change in the parenting agreement? This situation was definitely not foreseen at the time Mom and Dad separated, and Mom is not currently able to care for Kid (and hasn't been for several months). Dad is concerned about the effect on Kid of the revolving-door of Mom getting better, getting worse, relapsing into drinking and fighting, etc and is wondering if establishing that Kid lives full-time with Dad and visits Mom when she's well would provide more stability. And again, before anybody asks, it isn't about CS - Dad has enough money, and has continued to pay Mom offset throughout her deterioration.
Does anyone know the onset of mental illness or worsening addiction affects the determination of a material change?
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