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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9027
Experience:  since 1983
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2nd opinion - I am legally seperated and have

Customer Question

I am legally seperated and have been for almost 2 years. My ex and I have joint legal custody of my 10 year old son. I am 33 and my ex is 58. I get alimony every month and We have joint legal custody but with my son living with me. I live in Texas and have been for the last year and a half he lives in New Mexico. His health is pretty bad now. He has had 3 strokes and needs 24 hour care. He doens't drive anymore and Does not recognize people he use to know. His son has power of attorney because of his mental health also. My son went to visit him a few weeks ago and he was violent with people around him and my son had to lock himself in a room and not open the door because his dad was being violent. I am going to file for divorce but can I get sole custody because of his health?
Submitted: 5 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 5 years ago.
If one parent needs 24 hour care, the other parent will almost certainly be awarded custody because it is better for the child to be in the custody of a healthy parent who does not require 24 hour medical attention. That is my opinion, there are no guarantees in Court, but the odds are against the bedridden parent.