Legal Question in Family Law in Florida

Florida. In the process of a divorce, with an abusive wife. She sent me to the hospital in January and injured two other people, one of which is a minor, who were trying to protect my two kids. She had previously injured our 4 year old and was threatening to throw the baby from a two story window. She also said she was going to take the baby and commit suicide on her moms couch so she wouldn't be lonely until someone found her. She pulled a knife on our landlord who was holding our baby. She checked herself into a mental hospital that day because she was "a threat to herself and others" - spent 8 days there. Got out, attempted suicide and spent another 8 in a different institution. Last I heard she was considering checking herself back in. Of course, once again, this will be spun as my fault. I've been accused of "throwing her into a mental institution on my own free will". Still trying to figure out how that makes any sense.

All parties who were attacked by her in January, including myself, filed police reports and are pressing charges. The states attorneys office here is backlogged, so she hasn't yet been arrested.

I had an emergency injunction due to the domestic violence which gave me 100% custody. It was later modified that custody was split. After a single visit with the kids, my wife went back into court to ask that I have 100% custody. This is still in effect.

She has been diagnosed with "mixed severe bipolar disorder with psychosis". Apparently there was some mention that she might also be schizophrenic. I know her mom took medicince designed for schizophrenia, but not sure she was ever diagnosed with it. My wife is being treated for the BPD, but her recent behavior has been questionable at best. It doesn't appear that it is working well. She thought she was pregnant by some guy she met and slept with at a bus stop. Thankfully, she wasn't. Accused me of spying on her, but she publically posted it on the social networking site we communicate through which sends you updates about all of your friends.

I only have contact with her by email, so there is a record of it. Through the court injuction she has a "no hostile contact" agreement, but I feel she violates that almost daily. She has threatened to lie about me and say I was threatening her one to many times to have any other type of contact with her. She seems to not grasp that we are not ever getting back together, despite being told repeated times. She is holding up the divorce by not taking the parenting class, saying we can "try again". I don't want her, she has been abusive and controlling our entire relationship. She wants to be involved with me, but not the kids. I have handwritten letters that she wrote where she is suggesting other people to raise the kids.

We were too young when we had our first one - teen parents is hard. But I have always tried to make the best of it and think I do a good job of being a young dad. We are both now in our early 20's. Unfortunately, she has never really cared about the kids. She wanted to giveour fist son up for adoption. I think she didn't, so she could stay with me. I love my kids and they really have no attachment to her because she's never tried to be involved with them. She used to get up off the floor to get away from the baby when he wanted to be near her. It's sad, but my son asks about his grandparents, but never about his mom. My mom pretty much had to take care of my son because my wife wouldn't if I wasnt there or was sleeping because of my work schedule. He actually expressed concerns for the doctors at the hospital she went to. On mothers day he actually asked one of his friends mom if they would be his new mom. Thankfully, I have a strong family support system and friends that provide much needed stability and role models in my sons lives.

She is now threatening to go after custody of the kids in the divorce. She has already signed divorce papers giving me 100% custody (but refuses to take the class that allows us to divorce said "oh well, we'll just have to stay together") and also had the temporary custody order modified giving me 100% custody there also. How likely is it that she will be granted any amount of visitation?

I really feel that this is a case where any contact with her is determental to the welfare and mental health of the kids. She is unstable and has admitted to harming the kids. I didn't know it until January, but she would pinch our son when he wouldn't go to sleep. I worked night shift and didn't know this was occuring. She admitted it to me when I found fingernail marks on both sides of our sons neck one morning and has also told some of her family who are willing to put in writting what she told them. I feel like such a failure that this went on for so long and that I didn't know it and protect my son her.

When she had visitation she would spend the entire time berating me, or telling me about her latest bus stop escapade (showed up late for a visit to tell me she was messing with her new boyfriend at the store down the street - thats not really ok to talk about in front of kids even if "they are too young to understand"). Also, accuses me of having a girlfriend, another pregnant girlfriend, abusing her, "laughing in her face" - thats this week and I havent seen her since March. None of those are true. Frequently writes online that she is "crazy", "insane" or "nuts" and tells people that I want her back or that we are getting back together. She's called the child abuse hotline on me I don't know how many times. She sends emails to tell me she did it. The last complaint was because the 4 year old hadnt been washed in two days. Sadly, she is doing this simply to harass me. I'm not sure where she is living now and truthfully dont want to know since she said I'd be hurt with their guns if I did, but she is making allegations that they abuse their children and dogs, but hasn't called about that when she has actually SEEN it and not just made it up. She hasnt seen the kids to know if they are bathed or not. I even have letters where she appoligised for doing it.

I'm really afraid of this woman. She's already put me in the hospital and I fear what she would do to the kids if she were ever with them again. She is so vehement of her hate of me, but also wants to get back together with me. (Don't worry, I will never do that. I feel sorry for her, but I am not willing to put up with her attacks anymore). What can I do to protect my children?

We've only been married two years. We don't own anything - she quit her job after the second baby against my wishes and we couldn't afford to pay for the car she so desparetly wanted that we could barely afford with two incomes. I lost my job due to dealing with her family issues and being in the hospital from her attack. Car was repossessed and the other one was sold along with some of my belongings, so I could feed my kids. She was collecting food stamps on the kids originally while I had them, but that is now fixed. She only started asking for custody of the kids after the state asked her for child support because of the food stamps.

I don't want anything from her. The only reason she is asked for child support is because I had to cooperate with it to get the food stamps for the kids. As far as I know, she has not paid any. I just want to get this person out of me and my kids lives before she does any more harm to them. How do I get complete and permanent custody of the kids and get her out of our lives. They don't deserve to be put through this.

Is there any way I can get permenant custody of the kids or is it likely she will get visitation?

Thank you for any help.


Asked on 6/20/10, 8:56 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

I hope you have an attorney. You did not state that although you say you are in the process of a divorce and that custody have been given to you. If you have filed, you need to request an emergency hearing as to custody, child support and visitation (supervised).

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Answered on 6/20/10, 3:20 pm


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