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If the mother of the child in Minnesota has Bi-polar disorder and no job, could the father get sole custody?
State/Country relating to Question: Minnesota Already Tried: Nothing
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Honestly, each situation is examined on a case by case basis, with the court looking to do what is in the "best interest of the child." In order for there to be a change in custody, a non-custodial parent will have to show that there has been a substantial change in circumstances that warrants it. The fact that a parent does not have a job will not necessarily be held against them, especially in this economy, where jobs are difficult to come by. Similarly, if a parent's mental illness is being treated and is under control, and is not a threat to the child, and is not causing harm to the child, then a court is not likely to see that as a reason to change custody.
In general, sole custody is very, very difficult to come by. Courts are reluctant to cut off a child from contact with a parent, and will award sole custody in the most extreme cases -where the child has been subjected to repeated physical/sexual abuse, where the child is exposed to extreme harm or danger, where the custodial parent has been convicted of a serious crime and is going to be incarcerated for a lengthy period, etc.
Lastly, courts are often reluctant to change the status quo. Thus, if the child has been living with the mother, outside of a substantial change in circumstances, the court will not generally change the custody arrangement.
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