What can I do if I want to file for divorce but I do not want to separate from my child because my wife is unstable?

UPDATED: Sep 29, 2022

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What can I do if I want to file for divorce but I do not want to separate from my child because my wife is unstable?

I’m currently married and we have a child (1 year old). I’m convinced that my wife has some kind of psychological or anger problem. She has physically hit me before and has done some outrageous things. She refuses to get an evaluation from a professional. I have been living with her just for the safety of my child. I do not want him to be with her since she is very unpredictable.

Asked on August 16, 2015 under Family Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you file for a divorce, you can provide evidence (e.g. testimony of yourself and other people; any hospital or medical records from when she hit you) of her issues and unsuitability as a parent; you also may be able to get the court to order a psychological evaluation. Based on this, the court may grant you sole or at least primary custody, but also may not--there are no guaranties. Your wife could end up with custody. This is an important and very fact-sensitive issue (e.g. what evidence do you have?), so you need to consult in depth with a divorce or family law attorney, to understand what is likely to happen; then you can decide whether to file for divorce or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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