Getting an Emergency Custody Order Due to Mental Health Concerns
My question involves a child custody case from the State of Arizona. The mother of my child, we were never married, has recently been admitted into a behavioral health facility by her two aunts. She first was in the hospital for a day then transferred. The reason I was given was dehydration and extreme exhaustion. I picked up my child from the hospital, where she should have never been but I wasn't called until an hour before I was supposed to pick her up from school, she has been with us ever since (a week tomorrow). My child has spoken to her mother a few times but her aunts tell me I should be monitoring all calls between them. The aunts have not offered any diagnosis but informed me that I need to talk with the social worker at facility and see what she says and if she can't give me answers then to go with my gut. The facility is voluntary so my child's mother can sign herself out at any time. I am concerned for my daughter and her safety and well being. I haven't spoken to the social worker yet but I know due to laws, she can't tell me anything about the mother's condition or illness. I spoke with the mother today and she seemed very agitated and said she should be getting out of the facility soon and I know she will want my daughter to come back to stay with her. As of right now the court documents say I have my daughter two nights a week but she is many times with us 3. I want to file an emergency custody order just so that a Dr will have to sign off that the mother is okay to take care of herself as well as my daughter. But in reading the description for the emergency custody order requirements, I am not sure this situation meets them. I can't wait for a regular court date as that will take months but I am so scared that the mother will get out and want my daughter back and her not be ready to be back in "everyday life" and something happen to my daughter. What are my options?
Thank you!
Re: Emergency Custody Order
So basically Mom is, at worst, going to be home in the next couple of days?
Dad, I know you're concerned - I really do. But as long as kiddo is in a competent adult's care, there's no emergency. Also, Mom absolutely does NOT need a physician to sign anything at all. If Mom is being committed against her will that will take a court hearing - but other than that? Doc has no say in terms of whether s/he thinks Mom is capable of taking care of herself or the child. It's opinion, nothing more.
I'm sorry - I know this isn't what you want to hear. But realistically, Mom's going to get kiddo back as soon as she gets out of the hospital.
Re: Emergency Custody Order
Quote:
Quoting
Dogmatique
So basically Mom is, at worst, going to be home in the next couple of days?
Dad, I know you're concerned - I really do. But as long as kiddo is in a competent adult's care, there's no emergency. Also, Mom absolutely does NOT need a physician to sign anything at all. If Mom is being committed against her will that will take a court hearing - but other than that? Doc has no say in terms of whether s/he thinks Mom is capable of taking care of herself or the child. It's opinion, nothing more.
I'm sorry - I know this isn't what you want to hear. But realistically, Mom's going to get kiddo back as soon as she gets out of the hospital.
Dogmatique is correct on this. If Doc feels mom is not capable of taking care of herself, is a harm to herself or others, the Doc will file papers with the court.
I work in a Behavioral Health Hospital. A social worker will not talk to you or I should say they should not, because some are not wise and go against policy. There should be forms that mom can sign that allows anyone in the hospital to give information to whoever she puts down. So thaqt way someone can get information from Nurses, Dr's, Social Workers and anyone else who treats mom. Since your mom's ex, unlikely she will sign a form for you but you never know, I have had patients do it before.
When one ends up in a Behavioral Health Hospital, they are assessed and proper treatment is started. That could be just therapy, could be therapy along with Medications. They also will be given the care they should seek when they do leave. If mom is put on treatment and sticks with that treatments there should be no concern for you. Sometimes though it takes some time to regulate Medications, as far as dosage and what Med to use, varies in every patient, sometimes combinations of Meds are used. Moms been there a week, average stay is 1-2 weeks, all depends on her insurance. Usually they have things worked out well by the end of 1-2 weeks.
I would also talk directly with mom, be very nice, offer her an extra help with the child. If she is struggling sometimes they will accept the extra help, specially after getting some treatment in her stay in the Hospital. Don't make it out that she can't take care of the child, just offer her any extra help, so she can quickly get back to health.
Re: Emergency Custody Order
gam,
Thank you so much for your insight. You were right, the Social Worker was not able to tell me anything. We have determined that she is not in the facility for dehydration/exhaustion because they don't treat for that. I spoke with the mother today and she was sounding quite paranoid, asking me not to let our daughter out of my sight for a second because her aunts will take her from me which is so far from the truth. It is hard for me to believe that my daughter can't be protected in this instance, she admitted that her mother has been saying some very weird things lately. Speaking hypothetical since I don't know specifics, if she is diagnosed with bipolar or something similar, if she leaves the facility and the Dr feels like she is not fit to care for herself or at least care for her daughter, will the Dr will file papers with the court stating that fact? We are going to try and get her to sign the form so that I can talk to the facility about her case in regards to our daughter but our history is rocky at best. Not sure the mother will just allow me to keep her, she treats our daughter like a possession many times and is worried that if I have her too much then the child support can be lowered. I don't care about that, I just want to see my daughter more and keep her safe and not have to endure her mother if she is not well. I greatly appreciate your help as I am at my wits end and don't want to make matters worse but want to protect my daughter at all costs.
Re: Emergency Custody Order
I think you misunderstood gam a little. No, the Doctor cannot file anything with the court - s/he has no standing UNLESS it's a mandatory psych hold (and that takes a hearing and due process). Think "Baker Act" or similar. (This assumes that Mom has been in more than the 72 hour "hold" which doesn't require a court order).
One thing sticks out though. Dehydration and exhaustion are generally symptoms of something else - it's entirely possible (if not likely) that Mom is being treated for the underlying cause, and you won't be able to find out that cause (not legally, anyway) unless Mom herself tells you.
Re: Emergency Custody Order
Quote:
Quoting
Dogmatique
I think you misunderstood gam a little. No, the Doctor cannot file anything with the court - s/he has no standing UNLESS it's a mandatory psych hold (and that takes a hearing and due process). Think "Baker Act" or similar. (This assumes that Mom has been in more than the 72 hour "hold" which doesn't require a court order).
One thing sticks out though. Dehydration and exhaustion are generally symptoms of something else - it's entirely possible (if not likely) that Mom is being treated for the underlying cause, and you won't be able to find out that cause (not legally, anyway) unless Mom herself tells you.
I should have left that out completely to begin with, because I was speaking on Mi, poster is in Arizona(I got carried away and forgot that it was not my state), states vary on their laws with mental health. Poster needs to look up Arizona laws on this.
On the dehydration and exhaustion, if the Behavioral Hospital is like the ones around me, they would not treat these medical issues. Mom was transfered from a regular hospital, so here in Mi, she would have been treated for the dehydration and exhaustion at that medical hospital and then transfered to the Behavioral Hospital. Dehydration would need treatment first, and can be caused by something medical or by a mental health disorder. It could be that there is no medical underlying cause, but a mental health underlying cause, which can be as simple as the person not eating or drinking. Could be though that this facility treats both medical and mental.
Don't know if that is the case with the poster's ex, but dehydration is very common with someone having acute mental health issues. Often they are not taking proper care of themselves, not eating or drinking, often have other underlying conditions, such as eating disorders or substance abuse disorders, which both of those can cause dehydration. It could also be a medical condition causing the dehydration. So as you said she would be treated either way for the underlying cause of dehydration and exhaustion and she would have medically been treated for the dehydration.
- - - Updated - - -
Quote:
Quoting
jmkcardinal
gam,
Thank you so much for your insight. You were right, the Social Worker was not able to tell me anything. We have determined that she is not in the facility for dehydration/exhaustion because they don't treat for that. I spoke with the mother today and she was sounding quite paranoid, asking me not to let our daughter out of my sight for a second because her aunts will take her from me which is so far from the truth. It is hard for me to believe that my daughter can't be protected in this instance, she admitted that her mother has been saying some very weird things lately. Speaking hypothetical since I don't know specifics, if she is diagnosed with bipolar or something similar, if she leaves the facility and the Dr feels like she is not fit to care for herself or at least care for her daughter, will the Dr will file papers with the court stating that fact? We are going to try and get her to sign the form so that I can talk to the facility about her case in regards to our daughter but our history is rocky at best. Not sure the mother will just allow me to keep her, she treats our daughter like a possession many times and is worried that if I have her too much then the child support can be lowered. I don't care about that, I just want to see my daughter more and keep her safe and not have to endure her mother if she is not well. I greatly appreciate your help as I am at my wits end and don't want to make matters worse but want to protect my daughter at all costs.
See Dogmatique's post and my reply to that post on dehydration/exhaustion. She could have been treated for dehydration in the medical hospital prior to her transfer to the behavioral health hospital.
Laws vary and I only know Mi laws, you need to google mental health laws for Arizona. Even knowing the laws, what you or the Aunts might think should be done, might not be what a professional thinks should be done. Say the facility and/or Dr(depending on state laws of who can petition a court)think mom should stay and can petition, a court may not think they have enough. Again it depends on state laws what they have to have to convince the court.
Keep in mind to that your daughter was taken care of, while you may not like that she was at the hospital, she was taken care of that day. Say mom had the child, and she got sick and had to go to the hospital for something medical, instead of mental, would you have had a problem with mom taking the child then? If mom needed to go, and the Aunts took her, maybe they didn't have no one else to look after her or have the time to get a hold of someone to look after her. First IMO would be get mom taken care of, then get the child set up. Child was taken care of while getting mom help. Point being mom managed to do her job, even with these issues. So your daughter was technically protected and a court can see it that way.