Suicide attempt in TX

[samTX]

What is the name of your state (only U.S. law)? TX.

My wife tried to commit suicide and was hospitalised for a few days. She sent me a goodbye email and thus I informed her parents who call 911. Our two year old daughter was in her care at the time and at the location.

We are separated. But have not done any legal paper work as both of us were unemployed. As a mother I felt she should have primary custody but regretted the decision within days but she has been protected by her parents. And within the separation I have been trying to make her understand that she needs to give me more access to our daughter (2yrs) but she would only let me see her one day a week. Her parents who she lives with feels she is going out of her way to even let me see her those few hours. Our marriage broke because of her affair. Her reason for trying to commit suicide was that she was seeing another married guy who broke off the relationship.

From the day she tried to commit suicide I had taken our daughter. When my wife came out of the hospital I let her and my daughter do a FaceTime. After a week I took my daughter to see the mother. The week later my wife's mother sneaked my daughter out of a birthday party while she was playing with her friends.

I called the cops and have spoken to a few lawyers who are ready to charge me a leg and a arm.

My question is, how strong of a my case for sole custody is? And what do I need to be prepared about before engaging in a case. Plus is there a less-expensive good lawyers references.What is the name of your state (only U.S. law)?

 

[CJane]

Did Mom ATTEMPT suicide, or did Mom THREATEN suicide?

What was her diagnosis? How long was she hospitalized? Is she under orders for medication or therapy? Is she compliant?

 

[samTX]

She attempted suicide and was hospitalised for 5 days. She is not sharing any other information about her medication or treatment with me. Totally not compliant.

In her letter she asked me to let some other people adopt her. Now I worry that if she tried to commit suicide again, she might harm my daughter as well.

Her parents are vengenful towards me and feel that an affair in the marriage is nit a good reason to divorce.

 

[Proserpina]

She attempted suicide and was hospitalised for 5 days. She is not sharing any other information about her medication or treatment with me. Totally not compliant.

Not compliant with what?

Are you under the impression that you have the right to know about her medical care?

 

[mistoffolees]

She attempted suicide and was hospitalised for 5 days. She is not sharing any other information about her medication or treatment with me. Totally not compliant.

How would you know that she's not compliant if she's not sharing any information about her medication or treatment?

In her letter she asked me to let some other people adopt her. Now I worry that if she tried to commit suicide again, she might harm my daughter as well.

Her parents are vengenful towards me and feel that an affair in the marriage is nit a good reason to divorce.

You are free to try to prove that Mom is a danger to the child and custody should be changed on that basis. However, it is not easy to do. In particular, you need real evidence that she's a danger - and that's hard to come by.

But take what you have to a local attorney and see what they think.

 

[CJane]

How would you know that she's not compliant if she's not sharing any information about her medication or treatment?

I think he misunderstood and is saying that Mom's not compliant with HIM.

You are free to try to prove that Mom is a danger to the child and custody should be changed on that basis. However, it is not easy to do. In particular, you need real evidence that she's a danger - and that's hard to come by.

But take what you have to a local attorney and see what they think.

I think there's no custody order - they're still married and neither one has bothered to file anything.

 

[Proserpina]

I think he misunderstood and is saying that Mom's not compliant with HIM.



I think there's no custody order - they're still married and neither one has bothered to file anything.

Yeap, that's how I'm reading it on both counts.

 

[samTX]

How would you know that she's not compliant if she's not sharing any information about her medication or treatment?



You are free to try to prove that Mom is a danger to the child and custody should be changed on that basis. However, it is not easy to do. In particular, you need real evidence that she's a danger - and that's hard to come by.

But take what you have to a local attorney and see what they think.

My wife or I have not filed for a divorce or custody.

While having responsibility to take care of our 2yr old child, if the mother attempts to commit suicide cause her relationship didn't work with ANOTHER married guy... Is not grounds enough to prove ton the court that I, the father, should be the primary custodian of the child?

 

[Proserpina]

My wife or I have not filed for a divorce or custody.

While having responsibility to take care of our 2yr old child, if the mother attempts to commit suicide cause her relationship didn't work with ANOTHER married guy... Is not grounds enough to prove ton the court that I, the father, should be the primary custodian of the child?

One single incident?

Honestly?

In all likelihood, "no".

 

[samTX]

Not compliant with what?

Are you under the impression that you have the right to know about her medical care?

I don't have the right. I know that she has all the right to share or not share information. I am nit asking for her period cycle. I am asking about a medical care she might be taking that would at least ease the worry about the ongoing care the child is getting in the house.

By hiding it, just proves that she is not looking for the best interest of the child, as she feel I don't need to know all that. As mention, we still a legally married just separated by our own admission.

 

[samTX]

One single incident?

Honestly?

In all likelihood, "no".

Thank you. But isn't one more than zero incidents by me. I am not trying to prove her the worst mother. Jut that I would be a better parent than her for the child?

 

[CJane]

Dad, in an initial custody determination, the judge has to decide best interests of the child. Sounds like status quo is on Mom's side. Sounds like kiddo is fed/clothed/etc. Sounds like Mom has a strong support system. Sounds like she screwed up, but kiddo wasn't harmed and Mom was released from the hospital after a pretty standard stay.

You're going to need to be able to prove to a judge that you having custody is SO MUCH BETTER for the child that it's worth upsetting status quo.

 

[mistoffolees]

Dad, in an initial custody determination, the judge has to decide best interests of the child. Sounds like status quo is on Mom's side. Sounds like kiddo is fed/clothed/etc. Sounds like Mom has a strong support system. Sounds like she screwed up, but kiddo wasn't harmed and Mom was released from the hospital after a pretty standard stay.

You're going to need to be able to prove to a judge that you having custody is SO MUCH BETTER for the child that it's worth upsetting status quo.

I'm going to go with "maybe" here. While that's all true, Mom did try to kill herself while in the presence of and (supposedly) taking care of a 2 year old. That indicates a significant disregard for the child's safety. I don't think it's enough for a change of circumstances if there was an existing order, but since there's no existing order (thanks for the clarification), the standards are different - it simply comes down to best interests of the child.

Now, it won't be easy and it won't be cheap, but it's not entirely impossible. OP, please answer:

How long ago did you separate?

Did you move out or did she (or both?)

You said that she's allowing you one day a week with the child. How much time have you actually spent with the child in, say, the past 6 months? Any overnights?

Obviously, the closer your relationship has been with the child, the better your chances of getting primary physical custody. At best, it won't be easy, but I don't agree that it's impossible (although if you haven't spent any real time with the child, it certainly becomes LESS likely).

BTW, did you contact CPS after the incident? If Mom tried to commit suicide while 'caring' for a child, it should have been reported. If it wasn't too long ago, you could still report it.

 

[TheGeekess]

I'm going to go with "maybe" here. While that's all true, Mom did try to kill herself while in the presence of and (supposedly) taking care of a 2 year old. That indicates a significant disregard for the child's safety. I don't think it's enough for a change of circumstances if there was an existing order, but since there's no existing order (thanks for the clarification), the standards are different - it simply comes down to best interests of the child.

Now, it won't be easy and it won't be cheap, but it's not entirely impossible. OP, please answer:

How long ago did you separate?

Did you move out or did she (or both?)

You said that she's allowing you one day a week with the child. How much time have you actually spent with the child in, say, the past 6 months? Any overnights?

Obviously, the closer your relationship has been with the child, the better your chances of getting primary physical custody. At best, it won't be easy, but I don't agree that it's impossible (although if you haven't spent any real time with the child, it certainly becomes LESS likely).

BTW, did you contact CPS after the incident? If Mom tried to commit suicide while 'caring' for a child, it should have been reported. If it wasn't too long ago, you could still report it.

Mom and child lives with her parents. I'm willing to bet that child was with grandparents. So, the child was taken care of, regardless of Mom's mental status at that time.

 

[mistoffolees]

Mom and child lives with her parents. I'm willing to bet that child was with grandparents. So, the child was taken care of, regardless of Mom's mental status at that time.

That's possible, but not the way I'm reading it. Because:

She sent me a goodbye email and thus I informed her parents who call 911.

If the grandparents were there, would Mom have had to send Dad an email? Why didn't she simply tell her parents?

Our two year old daughter was in her care at the time and at the location.

Note that it says "her" care and not "their" care. Not also that it says "the location". If it was at her house, why use obtuse language like "the location"?

You may be right, but I'm not convinced. Maybe OP can clarify.