In the case of a trial separation, how is child custody determined? Specifically based on NY or NJ state law?

Question

What if the mom has medical conditions that affect her ability to be a good mother (i.e. debilitating migraines where she can't even walk straight without falling and last for days, and bipolar disorder which cause excessive and uncontrollable temper outbursts, as well as periods of depression).

Nothing is actually happening, I'm just informing myself. I'd appreciate hearing any advice/experience.

If you were married in NJ, but now reside in NY---NY law applies , right?

What are any other factors for determining child custody?

I see a lot of people here passing judgements and taking wild guesses at the actual situation...to be sure I think most of these assumptions are mostly wrong....i.e. who is seeking the separation? her not me? My wife is an excellent mom when she is not having a migraine and/or in the middle of a bipolar episode.

PS: I show my child that I lover her mom all the time. I show my child I love her too. My wife is great when she is not acting crazy from her condition. When in the midst of her condition she has threatened me with separation....and she knows it'd kill me to take my child, so she threatens that too......

PS: I show my child that I lover her mom all the time. I show my child I love her too. My wife is great when she is not acting crazy from her condition. When in the midst of her condition she has threatened me with separation....and she knows it'd kill me to take my child, so she threatens that too......

Answer 1

Only a judge I think can answer this one for you =) They have to have medical documentation for backup, possible witness, maybe even children who are involved to really discuss the mother's behavior and parenting skills. Then they'd have to have a mediator come in and probably visit both homes (if there are two) to witness any behavior etc...and visits aren't scheduled.

Answer 2

Of course allowing the kids in a home where they may not be getting the right care can be a form of abuse.

BUT if your still with this woman, and you work outside the home and leave the kids with her while you wrok, that doesn't make you any better of a parent.

Maybe your a big part of the depression and headaches???

This woman had chemical imbalances, doesn't make her down right a pawn to step on.

Beofre fighting for custody, how about showing your kids you once loved their mom, and you'll be man enough to make sure she's getting the right medications and doctors, beofre abandoning her and taking her children.

Answer 3

Who ever the children lives with will determine who gets custody. If you left your wife and the children are staying with you and she has all these medical conditions then more then likely the court will favor you as it is in the best interest of the children. If you left them there they may take into cosideration if this will be a healthy living arrangement for the kids. There is a agency called Childrens advocate who can guide you in the right direction.

Answer 4

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Answer 5

Um, why don't you leave her alone for awhile and see if her "medical problems" improve.

I've seen cases like this when the husband leaves, the wife is miraculously cured.

Answer 6

ask a lawyer in your state i never been to ny or nj

Answer 7

Lawyer......