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?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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