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When does custodial parent's attempted suicide affect custody?

Upland, CA |

My ex-wife (primary custodial parent of our 2 minor kids) attempted suicide; is hospitalized as a result. The kids were with me at the time. She texted my 12 year old daughter before her 'attempt' that, "I just want you and [my son's name] to know how much I love you." I learned later that she had been hospitalized (my 18 year old daughter said "Mom had one of her episodes."). No one will provide me with any 'details' (perhaps none of my business). I kept the kids last night, and got them to school, missing some work this morning.

Having custody would be awful for the kids, and not easy for me either. So I'm conflicted. If the ex is unbalanced, I want the kids with me. I am remarried (with step-kids) and could provide a stable household for them.

Advice?

Attorney Answers 2

Posted

If your Ex attempted suicide and is hospitalized you need to file for emergency custody orders now and get custody of your children. Your children could be in harm’s way.
If you do not react and seek custody of your children CPS could become involved and remove your children because you are not protecting them.
THIS IS SERIOUS.
You read in the newspaper about parents who commit suicide and take their children with them. Several children die each year when a parent commits suicide and takes their children's lives also. Protect you children.

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3 comments

Asker

Posted

Mr. Montgomery, I am SO grateful to you for the few minutes you gave me on the phone. It was scary to start but you gave me the PERFECT counsel. The "system" can be so intimidating for the non-custodial parent, but you pointed me to all the right forms and taught a man to fish. You're BRILLIANT. Really. Grateful, D.M.

Asker

Posted

My Ex parte hearing is tomorrow at 0830 hrs.

Edmund Lee Montgomery

Edmund Lee Montgomery

Posted

Be calm and collected and you wil do great.

Posted

There are several attorneys who offer free consultations, there are also legal aid societies everywhere. This is not something you can just let sit. You need to get an ex-parte hearing set immediately.

I wish the best.

Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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