Legal Question in Family Law in New York

mentally unfit

If a diagnosed bipolar mother goes off her meds repeadtedly and abuses alcohol and can be violent and puts the husband and children at risk, can the husband divorce her and feel confident that the children will be protected from her physically by the state? Can she be institutionalized unwillingly?


Asked on 7/08/07, 3:05 pm

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: mentally unfit

Wow a lot of stuff there.

If she is abusive, then if you are getting divorced in NY then you would have grounds under cruel and inhumane behavior.

As for the kids, there are no guarantees but the court is supposed to act in the best interest of the children.

As for institutionalization, you may want to move to have a guardian appointed for her.

You should see a lawyer to help you with this.

Good Luck.

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Answered on 7/08/07, 10:29 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: mentally unfit

The husband should file for a guardianship and then he can have her institutionalized. The state will not protect the children as long as the father is good.

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Answered on 7/09/07, 11:15 am


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