Legal Question in Family Law in Texas
Spouse attempted suicide
My wife attempted suicide after losing her job 3 weeks ago. She has an addiction to alcohol, and is depressed. She has been to a rehab hospital 2 times in the past 3 weeks. She recently told me that she wants to separate. We have an 11 year old daughter, that she wants to take with her, which I could not let happen with the present circumstances. She is no condition to care for our daughter. What can I do to protect me and my daughter from her relapsing and endangering us, and protect my daughter from being kidnapped. This behavior is not new, she has had a problem for years, and I am considering divorce.
1 Answer from Attorneys
Re: Spouse attempted suicide
Obviously you are in a difficult situation.
My response to you differs depending upon whether you intend to stay in this marriage.
In either case, you need to create a living arrangement where your daughter is never alone with your wife.
If you choose to separate, then I would advise seeing an attorney today, and prepare for a restraining order that would prevent her from taking your daughter from the jurisdiction of the court, or from hiding her. The court will not force her to leave the house, without a hearing. It normally takes 10-14 days to get that first hearing, so you will need to make plans to live elsewhere during the interim. There are many complicating factors, which the attorney would discuss with you in detail.
If you plan to remain in this marriage, then you will have to be very creative about protecting your daughter. Assuming you have sufficient insurance, you should require your wife to attend long-term in patient care, minimum of 30 days. Without intensive, long-term therapy she is not likely to recover from this.
Good luck.
TCL
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