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Rainbow7 · Feb 8, 2009, 04:00 PM

My wife has a serious drinking problem and has been taking prescription drugs as well. She has also been hospitalized with self-infliction and has been diagnosed with Bi-Polar.
Recently, I had called the authorities because I had come home from work to find her intoxicated (again). Because I called the authorities, she had called her mother as back up. From there, both mother-in-law and wife threaten to take my child away from me. I called the authorities because I am concerned for my child's well being and my wife's health. They have taken away my child before from a similar incident. Can my child be taken away from me because I called 911 on my wife? Can my child be taken away from me if there are no legal orders? I'd appreciate any advise and legal help I can get.

ScottGem · Feb 8, 2009, 04:22 PM

What is your marital status?

Rainbow7 · Feb 8, 2009, 04:34 PM

We are still married. I am trying to make this marriage work, but because of my wife's situation it gets harder each day. Plus her parents are too involved with her decision making skills.

ScottGem · Feb 8, 2009, 04:37 PM

OK, she would have to leave with the child. If she does that, she could prevent your seeing the child until a court rules on custody and visitation.

However, based on her history, she might have a problem getting primary custody.

Rainbow7 · Feb 8, 2009, 04:40 PM

Can her mother legally come into our home and take my child away without court orders?

ScottGem · Feb 8, 2009, 04:44 PM

If your wife, her daughter, allows it, yes.

Rainbow7 · Feb 8, 2009, 04:49 PM

That's a concern to me as well seeing that her family has had a history of alcohol problems. Is there anything I can do on my end to prevent my wife and her parents from taking my child in future situations.

ScottGem · Feb 8, 2009, 05:40 PM

File for divorce and get full custody. However, that's going to be hard to do.

cadillac59 · Feb 8, 2009, 05:52 PM

Here's what you should do and do soon.

I'd recommend you take your child and move out of the house and immediately file an ex parte (emergency) application for sole legal and physical custody of the child. If you do it right you will likely get it. Ask the mom get zero visitation or supervised visitation until the hearing. At the hearing you can make your case out that the mom has major fitness problems and cannot safely be left with the child.

Ignore the butt-in-ski- mother in law and ignore her and your wife's baseless threats. Your child's welfare is at stake and this is serious. If you don't do something the both of you could lose custody of your child to CPS. How fit is an otherwise fit parent who tolerates the co-parent with major fitness problems being around the kid?--see my point?

Oh and the mother in law has NO legal right to come into your home and take the child away. Don't let that happen.

Fr_Chuck · Feb 8, 2009, 06:46 PM

Trying to "work it out" and going by your emotions is the best way to lose the child to the wife and mother in law.

You have to start going and working for what is best for the kdis, put them first

cdad · Feb 8, 2009, 07:51 PM

Originally Posted by Fr_Chuck

Trying to "work it out" and going by your emotions is the best way to lose the child to the wife and mother in law.

You have to start going and working for what is best for the kdis, put them first

For some that have been there vefore they will tell you that hitting rock bottom is what got them off the bottle. For her sake and yours and mostly that of the child you should do as the others have said. Let her hit rock bottom while you take care of your daughter. Don't wait because if she is drinking and taking mood altering drugs her judgement is so clouded she may drive with the child under those conditions and instead of a lawyer your going to need a mortition. Don't let that happen and go file right away as cadillac59 has said.

Rainbow7 · Feb 8, 2009, 08:34 PM

Thanks for the advice. I'm gathering as much data and proof of her drinking problem and medication abuse. Hopefully all the information I gather will assist me in court. We have been through AA and therapy together, and she had been sober for 6month. But because her family has a drinking problem, she has gone back to her normal ways. Every time I address and/or comment about her drinking, she becomes very hostile towards me and gets her family involved (making me look like the bad guy). Now I do have to say, there has been some physical part on my end, mostly to restrain her from being hostile and to prevent her from hurting herself. (I know that is wrong on my end, and have been through Anger Management classes). Since my class, I have been non-physical in restraining her, but that did not help because she finally succeeded to do self infliction on herself.
She uses my physical restraint towards her as a physical abuse, and have convinced her family that as well.
When her family realized that she had a drinking problem and had done self infliction, they were very helpful towards me.
Now recent, when I called 911 because she was intoxicated, her mom threaten to take my wife and my child away from me, and is forcing me to vacate their house that they had bought for my wife and I. I'm really bothered that her family was upset and is trying to evict me because I called 911 on her behavior. That doesn't sound right.