Baker Act

[hockeyplayer00]

What is the name of your state (only U.S. law)? HI
I am looking at a divorce. My wife's behavior has become very eratic and strange. Does anyone know if there are any laws in the state of hawaii that will allow me to take her to get mental help? She is a wife and a mother of an 19 month daughter and stay out for several "several" hours at a time. Sometimes she does not even return home. PLEASE HELP

 

[Ohiogal]

What is the name of your state (only U.S. law)? HI
I am looking at a divorce. My wife's behavior has become very eratic and strange. Does anyone know if there are any laws in the state of hawaii that will allow me to take her to get mental help? She is a wife and a mother of an 19 month daughter and stay out for several "several" hours at a time. Sometimes she does not even return home. PLEASE HELP

Erratic and strange? You cannot force her to get help because she stays out for several hours at a time. You have stated nothing that qualifies for her being forced to receive psychological help/evaluations.

 

[Proserpina]

When your wife stays out, where is your daughter?

What is your wife doing that might not, for example, be simply changing her lifestyle or habits?

 

[mistoffolees]

Erratic and strange? You cannot force her to get help because she stays out for several hours at a time. You have stated nothing that qualifies for her being forced to receive psychological help/evaluations.

Just to clarify, I'm not completely sure about the Baker Act, but doesn't it require that the person be in a condition which threatens imminent danger for themselves or someone else? If so, that's what OP would have to prove.

Being out and not telling her husband where she is certainly wouldn't pass that barrier. If she were out doing drugs, maybe. If she went out and left a small child home alone, it would have an impact, although I don't know if they'd confine her for treatment or just take the child from her.

 

[LdiJ]

It might be a simple as a failing marriage, and the mother leaving the home for periods of time because she cannot handle being around the father.

If he works, and she doesn't, it makes sense that she would try to avoid spending much time around him.

 

[Ohiogal]

Just to clarify, I'm not completely sure about the Baker Act, but doesn't it require that the person be in a condition which threatens imminent danger for themselves or someone else? If so, that's what OP would have to prove.

Being out and not telling her husband where she is certainly wouldn't pass that barrier. If she were out doing drugs, maybe. If she went out and left a small child home alone, it would have an impact, although I don't know if they'd confine her for treatment or just take the child from her.

She has to be a provable danger to herself or others. Not just have a mental illness and not treating it (though that is not even in this situation) or acting strange and erratic.