dkjjr said:
My husband`s ex wife shot herself at the beginning of November. She says that she was depressed. Since then their 5 and 6 year old kids have been in our care. My husband has obtained temporary custody of the kids. The wound has left the mother with a nonfunctioning limb. We are to go back to court with her in March. She and I have talked and she feels that she is capable of caring for the children. At this time she has supervised visits with the kids. I am afraid of her. The kids do not really understand what is going on. Since I do not think that I can be objective I would like other opinions. Do you think that he should give the kids back to her? What should he do? We live in Alabama.
My response:
Unless she has been receiving ongoing psychiatric assistance, and her psychiatrist can testify that she is no longer a danger to herself, or a potential danger to her children, there is no court in these United States that would give her custody. As a matter of fact, even by the time the March hearing rolls around, the judge will realize that there still hasn't been enough time for her to have worked through her troubles. Remember, the troubles that cause suicide, and the suicide attempt itself, isn't just a "spur of the moment" happening and decision . . . usually, it's the end result of long, and deep-seeded, problems that can, and often do, relate back to years and years of prior organic and/or mental disorder.
Court's are fairly forgiving in most situations, and do their best to rejoin families and situations that are in the best interests of the children; however, at the same time, judges aren't stupid, either.
So, assuming she's in intensive therapy, 5 months worth of therapy will not be sufficient for any judge. He'll request bi-annual psychiatric reports and, when those reports are favorable, and the psychiatrist can testify, to a medical certainty, that she's no longer suicidal and a danger to others, then perhaps she'll be able to regain custody. But, it will be a long time in coming.
IAAL