Legal Question in Family Law in South Carolina
My wife has bi polar disorder and frequently gets off her medication and has severe episodes. She has been hospitalized twice in the past year for attempted suicide (overdose) and is currently in advanced outpatient therapy court ordered which I was able to negotiate the last time she was hospitalized with the probate judge. The mental health facility was supposed to see her much more frequently than they are (every other month) and they did in the begining and things got better but now are slacking off and its back to rocky... My wife flies off the handle if she doesnt get her way and becomes verbally and physically abusive to me, usually in front of the children, refuses to get or even try to get a job to help support our family, tries to sue everyone for everything...etc. she calls law enforcement when she's having an episode and tells them that I did everything which she just did to me but worse. Lately she has started to contact CODA (local domestic abuse shelter) and run to them claiming she needs shelter and refuge from this abusive husband. This is a trick she learned from me telling her about it in conversation when I would complain about clients and attorneys who did this move purely to obtain the upper hand in litigation with false allegations. She recently fled for 4 days and took the kids with her to the shelter. I contacted law enforcement after 2 days when I asked her to return the kids b/c they do not deserve to be a part of her games and there home is our house. Law enforcement of course did nothing. I also called CODA and told them of her games, that she was taking advantage of their services and what really is going on but of course that also goes no where. Several weeks ago she was mad with her parents and going to law enforcement claiming sexual abuse against them (which of course went no where and she was angry but dropped it). I am very concerned that she is taking our children from their home, uprooting their only sense of normalcy, and involving them in her childish games. For whatever reason, however, I do not want to file for divorce. I want her to get help and stay on medication and in counseling. Is there anything that can be done through the courts (without filing a divorce complaint) to prevent her from fleeing with the children and involving them in her games for days at a time? If she doesn't go to shelter she goes to grandparents and then they lie to me and run the kids around in secrecy keeping them from their home... and they know their daughter is unstable but they're afraid that she'll succeed with her tactics and then divorce me and they'll have to play nice with her to see the grandkids....The kids deserve better. Im a normal and stable parent.. I have a job and have daycare for them which I set up the last time she was hospitalized. Surely there has to be something I can do to protect them?? I can deal with her craziness but they shouldn't have to and deserve stability and compassion. .....
1 Answer from Attorneys
Go back to the probate court to have a Guardian and Conservator appointed for her. This way you can work with the Guardian to get her better treatment and maybe committed for a longer period of time. You can work with the Conservator to limit her access to any money she has coming in. You may also want to speak with her about applying for social security disability. If she cannot hold down a job she is might have a chance of getting it. Once she has it she can apply for Medicare. This will relieve the financial burden on you.
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