Legal Question in Family Law in California

I have been separated from my wife for a year and I will file for divorce.

My wife has a long history of serious mental illness. In the last year, she has been involuntarily hospitalized per 5150 and remained in in-patient care for a long period (60 days). She is currently receiving outpatient care for multiple conditions. In the last two weeks, she has been again held per 5150.

We have a minor child who in currently in her custody. I do not believe neglect or abuse exists. However, my wife is relying on friends and family to support her daily living (cooking, cleaning, child care, etc.). Those persons are becoming reluctant to continue giving her help and I am concerned what will happen when those resources dry up.

I plan to allow my wife to have full physical custody but retain full legal custody for myself.

- Would it be feasible to subpoena her medical/psychiatric records?

- Does amending the divorce to "inability to make decisions" make sense if the medical records or her physicians opinion indicate she is unable to make rational decisions due to her condition?

- If the medical records indicate my wife has a serious mental condition that is difficult/resistant to treat, would that support my position for full legal custody?

I am not seeking to eliminate my wife from my child's life but I am concerned that my wife's mental condition will make it difficult to care our child and compromise my child's welfare. My actions are intended to allow me to make the decisions regarding my child's education, medical care and welfare.

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?