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SSI or job during custody battle?

post #1 of 3
Thread Starter 

Trying to make some decisions on what to do next. I've been a stay at home parent for my kids and done childcare off and on through the years. I'm currently a fulltime student online. My son has a disability that makes going to daycare unsafe for him, but right now my ex has full custody and me visitation until we go back to court next. I had planned on applying for social security disability for myself for depression/anxiety, and for my son for his disability, and mostly living on that and child support in low income housing, but then the custody battle started. He is trying to use my mental illness against me in court. 

 

If I get a job, I would have difficulty applying for SSI in the future, which would make things more challenging since I need to be home with my son until he is in school. But I'm concerned that getting on SSI could be used against me in court. Anyone have any experience with this?

post #2 of 3

Can you look into WAH options? Also look into prices and options for hiring a nanny for kids with special needs for while you're in work. I think someone started a thread in the Special Needs forum, some people suggested looking into graduate students in that area of study as a more affordable option. It just might be good to see if you have other options beyond SSI or having to put him in daycare. If you get partial custody, you could also see if you can get a job that lets you work around the visitation schedule.

 

 

I think having a job would be better in the long-term, because this will only be an issue until your son is in school and you can make a lot more with a job than you can on SSI. I don't know how being on disability will effect things, but its not a very good income and it seems possible that the court could argue that if you're not mentally fit to work, you're not mentally fit to parent (hopefully someone with experience can clarify, I do know some judges discriminate based on mental illness, although possibly not on depression/anxiety).

post #3 of 3
Quote:
Originally Posted by sillysapling View Post
 

it seems possible that the court could argue that if you're not mentally fit to work, you're not mentally fit to parent (hopefully someone with experience can clarify, I do know some judges discriminate based on mental illness, although possibly not on depression/anxiety).

This was my first thought as well, especially since you are trying to change an existing custody order (which I understand is significantly more difficult).  However, I do not have personal experience with this. 

 

Your son is the 1-year-old in your sig-so you have several years to go before school?  Perhaps apply for SSI for him (when you have custody) and look for employment that you can do mostly around the custody schedule? Also perhaps try to find out if there are preschools/toddler programs for children with special needs around you that you could perhaps get financial assistance with? 

 

Are you trying to get the decision reversed so you have primary or hoping for 50/50?

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