Legal Question in Family Law in New York
My wife and I separated. Things have gotten pretty bad: fighting. She told me she had a doctor appt so I needed to come to the house to watch the kids. Which i did, and was there all nite. she went to the hospital i was told by her mother cause she is losing it. Well if that is the case I am nervous to leave my kids with her. She is still at the hospital supposedly. What can I do to protect my three small children, myself and house...etc???
2 Answers from Attorneys
You can file for a temporary order of custody.
You can also file a family intervention action regarding your spouse.
If you wish to discuss this in further detail feel free to give us a call at 212-962-1031.
Patricia Martin-Gibbons
You would need to file such actions in Suffolk County Family Court in Central Islip (your zip indicates Holbrook).
Regardless of your actions, if you were looking to remove her from the residence and retain custody of the children (your question suggests that you do not normally have custody), you would be required to demonstrate her inability to properly care for them (in other words, you would need more proof of her mental incapacity).
Rory Alarcon, Esq.
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