Community Forum

can you get your kids taken away during a divorce because of epilepsy/prescription meds?


I have a question for everyone. Right now I am taking remeron at night for depression, trazodone at night for sleep, buspar and klonopin x2 a day for anxiety, and vimpat x2 a day for seizures. I am currently separated from my husband although I have not filed yet. He is saying since I cant drive right now and take so many meds, I could get the kids taken away. I have 7 and 3 year old girls. I have always been the stay at home mom with them. I have never hit, hurt, or abused them in any way. He is telling me if we both had these problems, they could get taken by the state. But since it is just me, they could get taken away and full custody could be given to him. He "doesn't want to fight me in court, but will if I get nasty and make him". Has anyone had this problem before, and seeing as I am always the sole provider and they DO NOT want to live with him or be separated from me, does the state have any grounds to take them away if there is no way I could be proven an un-fit mother? I live in town, can walk almost anywhere, could walk to their doctor if needed, the hospital is even closer but if needed in an emergency I could always just call 911. Just wondering anyone else's thoughts or opinions on this, and if they have ever dealt with it.


I'm not a family lawyer, i.e. divorce lawyer, but I know a few that are. Add to that, I know a few people that have gone through divorce. They told me there are a few factors that a family-law judge will consider:

-What is the preference of the children? It sounds like they will grab you in a heartbeat if they have a choice. They have a stronger emotional bond with you. You'll have a better relationship with them after a divorce.

-Which parent has been the "primary caretaker"? You are the one that is feeding, clothing, providing healthcare and education....Once again, you'll be the one to come through.

-What is in the child's best interest?    How will the child turn out after becoming an adult? The court will look at both of you and compare. Which parent will they think is better to emulate / turn out to be like.

There is an article I found that goes into far greater detail than what I stated:

I'm sure many of us would like to know what happens. Please keep us informed.  

Other factors that may be brought up: are your children at any risk if you have a seizure; ie. what kind of seizures do you have and how often?  If you have a seizure and you are alone with the 3-year old, would he/she be in a position to be injured or left wandering alone?  Do the sleeping medications prevent you from waking up in the middle of the night to attend to a sick or crying child?  Etc, etc.  If push comes to shove over custody issues, these types of things may come up.

Our Mission

The mission of the Epilepsy Foundation is to lead the fight to overcome the challenges of living with epilepsy and to accelerate therapies to stop seizures, find cures, and save lives.

24/7 helpline