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Gary E Williams

Gary Williams’s Answers

1 total

  • Temporary Child Custody

    My wife is mentally ill and has our three children living with her ages 2,4,5 she has been continually getting worse since we seperated i now fear for my childrens safety and do not trust her with them anymore.I need to know who to talk to and wha...

    Gary’s Answer

    First of all, if you have an attorney you should be talking to him. Mental Health issues are difficult to prove without an expert and your attorney would be best suited to explain what you would need to do in order to prove your wife is now mentally ill. If you are not represented, obviously you should be; your children are at risk. But, if retaining an attorney is not possible, and you do not qualify for some sort of legal assistance program in your area, then you will have to try to bring the matter before the Court yourself.

    What is most important to almost any family law judge is specific examples of behavior that would cause a reasonable person to conclude that, well, that "was just plain crazy." Make notes about what your wife is doing, specifically, that makes you question her mental fitness. Is she behaving erratically? Abusing drugs or alcohol? Seeing things that are there? or is she talking to imaginary friends?

    In order to get the family law judge to move temporary custody to you, you will have to present hard evidence to the Court of these behaviors. Are there witnesses to her behavior, other than the children, who can come into court and testify about the wife? School teachers? Day care workers? Maybe friends of yours who have witnessed your wife's "weirdness?"

    Put together as much information, evidence and testimony about the specific acts of your wife that make you think she is mentally unhealthy and then write a Motion to bring it all before the Court. You can find a sample motion by going to the court's website in your area and looking up "family law forms."
    Once you write and file the Motion, you have to send a copy to the opposing party, then you can call the Court and schedule a hearing on that motion. At the hearing you can present your testimony and evidence. NOTE: written statements from people are not admissible evidence unless they actually appear and testify. A letter from "so and so" about the wife's behavior is of no value in court.

    Last note, if you believe your children are in imminent danger of being harmed, then you proceed directly to call the child abuse prevention hot line in your area and you report to them what you know about the situation.

    Your children's safety comes first.
    Oh, and by the way, good luck and sorry, but this answer doesn't consitute legal advise in your area. I am a Florida attorney only and I am not authorized to give you legal advice if you live elsewhere. So, take my answer as general information and not as legal advice in your state and please talk to an attorney in your area for more help.

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