Can a bi-polar wife get custody of the children?

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Can a bi-polar wife get custody of the children?

She hasn’t seen a doctor in over a year let alone take medication. She has written me several letters stating she doesn’t want the children, now she has changed her mind. She has also printed out two sets of divorce documents and signed and dated them stating she wasn’t under duress and is giving me custody. Can I use these in court against her?

Asked on April 16, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You certainly have a lot going on here and I am sorry for the situation for you and for the children. The general rule with regard to placement and visitation of children is that courts do so "in their best interests."  It sounds like you wish to pursue an action to claim that she is an unfit mother.  As to what you will need to prove that claim I would speak with an attorney.  Good luck.


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