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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100383
Experience:  Lawyer
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My wife has Depression history and was in hospital couple of

Customer Question

My wife has Depression history and was in hospital couple of time here and in backhome as well now we have a child after waiting for long time she believe I am her enmey who took her to hospital when she was mentally ill Never accept that she was ill that always having fight with me I am worried about new born baby my son
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am almost tired by her illness and cannot bear further but worried about my son
JA: Has anything been filed or reported?
Customer: she was in hospital and they should have that record one time I called police and they requested me to be away from home for few hours
JA: Anything else you want the lawyer to know before I connect you?
Customer: that was almost three year back
Submitted: 7 months ago.
Category: Canada Law
Expert:  Debra replied 7 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 7 months ago.

I am sorry to hear this.

Are you saying that as a result of your wife's mental illness you are worried about the safety of your baby.

Customer: replied 7 months ago.
she has same feeling for her parental family like she has for me. because they took her to hospital too there.
Expert:  Debra replied 7 months ago.

But are you saying that your baby is in danger?

Do you want to separate from your spouse?

Customer: replied 7 months ago.
She is not a bad mother at all. But due to her behaviour we may separate in that case I want to know will I can get child custody or even without being separated can I custody of my child?
Customer: replied 7 months ago.
It may save my family from separation.
Expert:  Debra replied 7 months ago.

You cannot get custody unless you separate.

But now you both have equal say about everything relating to the child. She has no greater right than you do just because she is the mother.

If you separate and you can show that it is best for the child for you to have custody because of her mental health issues then you may be able to get sole custody but it depends on how she parents and not about her past illness.

If she is so sick now that she needs to be in the hospital then it is likely you will get custody.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 7 months ago.
what if she want to take away my child from like she is planning to go backhome when I don't want to go. how can I stop her?
Expert:  Debra replied 7 months ago.

You can get a court order to stop her.

If you think that is going to happen don't sign any passport application and if the baby already has a passport take it.

It sounds like you should be speaking to a family lawyer now.

I advise that as your best next step.

Expert:  Debra replied 7 months ago.

Is there anything more I can help you with at this point in time?

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