MÃE COM TRANSTORNO PSIQUIÁTRICO PODE PERDER A GUARDA DO FILHO? Quais as consequências jurídicas?

Responding to a question from a father, André, I explain in this video whether the fact that the mother has a psychiatric illness can lead the judge to grant custody of the children to the father. I clarify that, within psychiatry, there are many diseases with different symptoms and behavioral reflexes, so we will need much more than simply communicating the existence of the illness to convince the Judiciary to remove custody from this mother. The topic of this video is extremely important, as the issue discussed may be essential for the child's survival. We cannot forget that a few months ago a mother killed her 3-year-old son and justified her actions by claiming a psychotic episode, due to having a psychiatric illness. The crime happened in the city of São Paulo and became known as the Gael Case. I have other videos on this channel where I talk about the consequences of mental illness in the criminal process. Therefore, if the father notices any aggressive behavior in his child's mother, whether or not it stems from psychiatric illness, he should provide evidence and present it to the court, requesting custody of the child. The primary objective is to protect the minor and avoid further conflict between the former couple. Therefore, I advise that if there is a psychiatric illness, but it doesn't affect motherhood, it might be better to seek another reason to request custody of the child. Videos about the Gael Case: GAEL CASE: MOTHER SAYS SHE DOESN'T REMEMBER KILLING HER SON. Legal consequences.    • CASO GAEL: MÃE DIZ QUE NÃO SE LEMBRA DE MA...   GAEL'S MOTHER WILL UNDERGO PSYCHIATRIC EXAMINATION TO ASSESS HER SANITY. Legal consequences.    • MÃE DE GAEL PASSARÁ POR PERÍCIA PSIQUIÁTRI...   It is necessary to assess, for the purposes of determining custody, to what extent the mother's confessed state of "anxiety and depression" is detrimental to the healthy development of the minor. (TJDFT) Lack of elements indicating the persistence of the defendant's postpartum depression or that any illness is reflected in the effective exercise of parental authority or in the affectation of the child's inalienable interests. (TJSP) Minor who expressed a desire to remain in the father's company. Adolescent who reported to the police authority embarrassment due to harassment by her former stepfather and inappropriate behavior by her mother's current boyfriend, also reporting having assumed household chores during her mother's depressive episode. The seriousness of the reported facts makes the order for the adolescent's return inadvisable, preserving her interests in the paternal home. (TJSP) The child's expression of a desire to live with the mother must be weighed against the other evidence in the case file, considering the overriding interest of the child. (TJDFT) The magistrate's decision to order a psychosocial study for the hearing of the minor is correct, avoiding hearing him in a courtroom, an inappropriate environment for this purpose, considering that he is an 11-year-old child. (TJDFT) SOCIAL STUDY FAVORABLE FOR THE FATHER TO PERMANENTLY HAVE CUSTODY OF THE CHILD. (TJSC) The social and psychological evaluation of July 2018 refers to the conditions of both the appellant and the appellee to have the boy under their care, but highlights the prevalence of the continuation of paternal custody. (TJRS) SOCIAL STUDY DEMONSTRATING THAT THE FATHER IS IN A BETTER POSITION TO ASSIST THE CHILD IN HER NEEDS AND TO PROVIDE HER WITH THE CONDITIONS FOR PSYCHOLOGICAL DEVELOPMENT. (TJSC) Custody. Sole custody granted to the father, defendant-counterclaimant. Recommendation based on social and psychological reports. (TJSP) Case in which the evidence demonstrated that the best interest of the couple's minor daughter is to remain under the sole custody of the father. (TJRS) Possible modification of the plaintiff's psychological and social structure after the reports. Issues that may impact future changes in custody, but which, due to the proximity of the dates, do not alter the results of the studies conducted. (TJSP) Claim for the child's residence to be established with the father and for increased visitation rights. Rejection. The absence of pre-established evidentiary elements justifying the granting of the request for immediate alteration of the minor L.'s place of residence, assigned to the mother, or even the expansion of the stipulated visitation rights. (TJSP) Changes of custody, as a rule, should be avoided, as they entail modifications in the daily routine and reference points of minors; however, in practice, the mother already exercises sole custody of the child. (TJPA) A change of custody requires the utmost caution as it is a traumatic event in itself, only being justified when a situation of current or imminent risk is proven, which does not occur in the case presented. (TJAL)