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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My wife is bi-polar and for the last 7 years she has been in

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My wife is bi-polar and for the last 7 years she has been in and out of psychiatric hospitals for her illness. Twice for suicide attempts (my 14yo son found her one time) 3 other times she became so depressed that she was hospitalized for planning and wanting to commit suicide. All but one of the hospitalizations were involuntary and she was given the option of changing it to voluntary. One she was not offered the option for it to be changed. The last two times she became psychotic and paranoid and started believing that my son and I were out to harm her in some way. I got County Mental Health services to come out and get her medicated the last time as she could not be involuntarily committed since they believed she wasn't a harm to herself or anyone else. All the time medications would make her better and she would realize what she had been like and the pain she caused. Problem is she always stopped going to therapy and when feeling better always stopped her medications. Which is why the bi-polar illness always repeated itself every year. This year when she quit her meds, I decided that enough was enough and my son and I left. My son (now 16yo) had been wanting to leave for some time as her moods were all over the place.. My son would like me to live with me if we get divorced. My question: What can I expect will happen? My wife is claiming that I have alienated him from her. That I have filled his head with bad things about her when actually it has been her behavior. I'm not perfect in this either as I have become so frustrated with her behavior that I have clenched my fist and swung at her (never hit her and the intent was not to hit her either) to relieve my frustration. Will this affect my custody? Her plans for the divorce are to bring up every bad thing I have ever done claims I made her bi-polar by suppressing her etc etc. Guess I need to know if anyone can shed some light on the process and my custody chances
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.
Hello,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

It is very likely that you would be awarded full custody. You may also ask the court to allow the mother only supervised visitation.

All matters involving children are determined according to what the court divines to be the best interest of the child. In determining the child's best interest, a court will typically weigh the opinion of the child in determining custody. At ageXXXXXwill typically give the child's preference great weight.

Age is not the only factor that is considered by the court. Typically, the court will take into consideration the maturity of the child and the child's reasons for the preference. The mother's psychotic and threatening behavior and history do not appear to be in the best interest of your child.




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