Legal Question in Family Law in Minnesota
I am divorcing my wife, we have a 7 month old daughter. she has a bi polar past and quit medications on her own. She attempted suicide in the fall of 2004 and never got help to deal with the issues of her bi polar. The law was involved and took her to the hospital by ambulance. She has had three DUI's over the years as well. I was convicted of a domestic against her in 07 with no physical harm of any kind. What are my chances of getting full custody? I do not drink and have a stable home and income.
2 Answers from Attorneys
Thank you for the post.
Custody determinations are made based on what is in the best interests of the child. It is not a decision made in a vacuum based on one criteria. Certainly your spouse's psychological health is a critical issue. However, suffering from a disorder is not enough. You must show how it affects the care of the child. Her suicide attempt predates the birth of your child by many years. Although it is an important fact, that alone is not a silver bullet to gain custody without tying it in to her present state and how it impacts the child.
The same is true of the DWI's. They are relevant. However, if she is not now using, they have little impact on the care of the child.
Domestic assault can also be a critical issue. In fact, where a domestic assualt has occurred, Minnesota statutes indicate that ther is a preumption against joint physical custody.
In other words, there are significant pros and cons on both sides of the issue. The result may depend on how well you prepare your case and present your arguments.
For a consultation call 612.240.8005 or visit divorceprofessionals.com
Chances are good, especially if the bi polar is uncontrolled by medication and affects her ability to parent. Your �domestic� won�t help you any, but I have gotten custody for a dad who had two domestics. Hire a lawyer. If you live near the Mankato area, I could help you. You can make an appointment for free one hour consultation. Herb Kroon 507 625 3000
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