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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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My wife is suffering from sever depression Tuesday morning

Customer Question

my wife is suffering from sever depression Tuesday morning her daughter and son called her and told her they wanted her to go stay with daughter for a while. nothing was said to me about this. then that afternoon they showed up at our house and told me they wanted her to go with them, her son told me he was not leaving without her. I told him he did not have the right to take her. but i said ok she go stay with daughter for a few days. then I get a text Thursday that her son took my wife to his house in Ft Myers. since then I have only talked to her once. I call and there is always an excuse why she can not talk. I can not text her or call her they have her phone turned off. this Friday they are suppose to be bring her back to Crystal River. I am worried they will not want me to being her home. what are my legal rights concerning my wife. she is really sick with this depression and not in her normal state of mind
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

Since your wife is an adult and has not been declared incompetent I am afraid there is not much you can do to force her to live with you. Unfortunately, I think it was a mistake to allow her to leave with her children. If she would have remained with you there would not have been much her children could have done to force her to leave and go with them. Absent being declared incompetent the law presumes that an adult has freedom of choice as to where there are residing. If you have a durable power of attorney or medical power of attorney perhaps you can attempt to control her finances in order to get her to return or coordinate with the children to be involved with her care and at least be consulted on a joint plan for dealing with her depression. As an absolute final result you could threaten divorce under an abandonment theory in order to try to get their attention and bring her back or at a minimum provide you current information as to her treatment plan.

Expert:  mmdesq replied 1 year ago.

Would you kindly rate me please. Thank you.