Hello. I’m currently going through a divorce after 1 year of marriage (together for 5 years). My wife wasn’t fully on board with it, but she did agree, and she filed the paperwork. The divorce is still pending, and there’s a standard custody order in place according to Texas law.
The issue is that my wife is trying to enforce the custody terms from the divorce decree before it’s finalized, and before I’ve even had the chance to respond with my own terms.
To give some background, my wife had a religious psychotic break and was admitted to a mental health facility for 14 days. The police were involved twice in one day, and our 1-year-old daughter was with her the second time. She also apparently bit a medical staff member, and this led to CPS opening a case. CPS determined that I should be the protective parent, and my wife could only see the kids with my supervision. I also have a 16-year-old son from a previous relationship (his mother passed away this year).
Since her release, my wife stopped taking her medication and became verbally abusive over the supervised visits. She was even involved in a car accident recently (though it wasn’t her fault) while she should have been on her medication. The CPS case was just closed, and as soon as that happened, she took our daughter and is trying to enforce standard custody terms without any temporary orders in place.
Can she keep our daughter away from me, even though the divorce isn’t final yet? I understand that without an official order, we technically both have equal rights to our child. Besides filing for a temporary custody order (which I’m doing tomorrow), can I stop her from taking our daughter? I’m really feeling lost and defeated dealing with this, especially after the loss of my son’s mother.
Thanks for reading my story and offering any advice you can.
Beckett said:
Where is your daughter currently? Is she with you or your wife?
She’s with my wife. My wife says she’ll bring her back on Tuesday, and I plan to try and not let her take her again. I don’t think my wife will harm her, but I don’t agree with her visitation plan when there’s no court order in place. I’m concerned things could escalate if I stop her, especially since, technically, we both have equal rights right now. I’m also unsure if I can prevent her from entering the house, even though she’s still on the lease.
It sounds like your wife is unstable, and you should file for emergency full custody immediately. Her psychotic breaks are dangerous, and it’s vital to protect your child. The fact that she’s already had multiple episodes is concerning.
Don’t let her take the kids. You need to get an emergency order for full custody and possibly a restraining order to keep her away from the children until the court can reevaluate the situation. Texas courts take this kind of mental health issue very seriously.
Do not let her take your daughter! As the father, you have just as much right to your child as she does. Given her history, it’s important to file for full custody with supervised visits for her.
First thing tomorrow (Monday), get an emergency custody order. It’s alarming that she’s already had psychotic episodes and took your child without permission. You can’t afford to give her the benefit of the doubt. Did anyone check if she was evaluated for postpartum depression or psychosis?
If you’re getting a temporary custody order tomorrow, I don’t see why you’d let her take your daughter today. Get the order, and report it anytime she violates it.
Make sure to get a temporary custody order and gather all the police and medical records. Just because CPS closed their case doesn’t mean the courts won’t favor you having primary custody. File for an ex parte order to get your daughter back quickly.
It sounds like your wife might be struggling with postpartum depression or psychosis, which could explain the rage and psychotic breaks. These conditions can last beyond the first year after giving birth. Does she still have medical care or take her medications? Is there family around that can help her get the treatment she needs? Your lawyer should push for a mental health evaluation in court.