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Bill Attorney
Bill Attorney, Lawyer
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I have a bipolar child that keeps accusing me of having him

Customer Question

I have a bipolar child that keeps accusing me of having him committed 5 times. I DO NOT have legal custody or any type of legal custody of him. I keep telling him that in the State of Montana that I CANNOT or have NEVER had him committed because of the law. Am I correct or not?
JA: Has anything been filed or reported?
Customer: Not by me, but the courts have filed and committed on doctor, police authority for 72 hour hold.........He is driving me crazy and accusing me of locking him up.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Montana
JA: Anything else you want the lawyer to know before I connect you?
Customer: no.
Submitted: 8 months ago.
Category: Legal
Expert:  FamilyAttorney replied 8 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

How old is your child? Is he an adult child?

Expert:  Bill Attorney replied 8 months ago.

This is attorney Bill looking into your question today.

You may be able to fight the committal order of court. I would need to know some of the background facts.

Was this initially a voluntary committal or involuntary committal order of the court, in other words who signed the initial order of committal ?

What is the current status of your child ? Is he in custody by court order ?

Attorney Bill

Expert:  Bill Attorney replied 8 months ago.

Please follow up with me with the additional information.

I reviewed Montana's laws on the committal and discharge of mentally ill persons.

Presuming an order for his committal has been made, he should be discharged at the end of the period stated in the order or he can also be granted an early discharge by a supervising doctor.

The law is outlined here :53-21-181. Discharge during or at end of initial commitment period -- patient's right to referral. (1) At any time within the period of commitment provided for in 53-21-127, the patient may be discharged on the written order of the professional person in charge of the patient. If the patient is not discharged within the period of commitment and if the term is not extended as provided for in 53-21-128, the patient must be discharged by the facility at the end of the period of commitment without further order of the court.

Your SOn also has the right to appeal an order to the Supreme Court within 90 days of the order.




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Attorney Bill