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is it true that if you are bipolar or something like it that that you can only have supervised visitation in WI. My husband is phycohelia (don't know if that is spelled right) but what it is, is borderline bipolar and border line schizophrenia he likes to hit things and trough things and yell all the time and i don't trust him to be alone with my son at all. he is 9 months old please help me with this can he get any custody or not?

2007-06-07 08:32:14 · 8 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

there are no arrest for it , but i do have witnesses.

2007-06-07 08:38:29 · update #1

i think he will harm our son because he yells at him all the time and gets so mad at him, he has hit me and pushed me before

2007-06-07 08:44:52 · update #2

8 answers

I AM NOT A WI LAWYER. DO NOT CONSIDER THIS LEGAL ADVICE. CONSULT A LAWYER.

Is your husband seeking custody? Does he have a lawyer? If he does I would highly recommend getting one yourself.

Write down everything you can think of that he's ever done that's violent or angry or "crazy." Keep a calendar from now on noting EVERYTHING (the day it happens, use a diary or an actual calendar to keep track). If you are separated, note when he contacts you, what he says, if he asks about the child, everything.

You can also tape record LIVE conversations if he is yelling. (I AM NOT TELLING YOU TO RECORD TELEPHONE CONVERSATIONS, DON'T DO THAT. IT IS ILLEGAL)

Also, I AM NOT A WI LAWYER. DO NOT CONSIDER THIS LEGAL ADVICE. CONSULT A LAWYER.

2007-06-07 08:42:34 · answer #1 · answered by WasntMe 2 · 1 0

First of all, a medical condition in and of itself is NOT grounds to forgo his constitutional rights. And you won't be able to access his medical records without permission of the court under subpoena.

If this is an issue, it is one of visitation most likely and that can be ordered as supervised. simply because he has a medical condition doesn't mean he will not be awarded some form of custody although Sole Legal and Residential custody is unlikely.

Also, if his fits of anger are directed at ONLY you, or at inantimate objects and not the child, it has no bearing on visitation and/or custody except as a 'best interest' factor.

EDITED BASED ON ADDTL INFORMATION:
Actually, the recording of a phone conversation would not be Illegal in Wisconsin under the current statutes. however, it is irrelevant unless it can be established byond a reasonable doubt that the person being recorded is actually the husband.

That is a very expensive proposition and not one he or his attorney is likely to admit to or give permission for.

Also, be very careful in attempting to videotape him if he has his own residence. The current Wisconsin statutes require a MINIMUM of 6 years in jail and a $10,000 fine for videotaping or other violation where the person being recorded has an expectation of privacy.

2007-06-07 15:41:26 · answer #2 · answered by hexeliebe 6 · 0 0

I have known and do know Bi polars who are excellent parents. What does your psychological profile show? Why did your relationship end? Do you have ulterior motives as to block him from being dad? He has obviously never been violent towards the son you both share in common, or you would have listed that here as well.
I caught that subliminal, Freudian slip, "my son" comment in your query. This child is in essence a part of both of you, and an individual in his own right.
Seems like you are hiding your inner motivations. Look, dads are important. over the years, there will be many times you and the son in common will need him, proceed slowly with the bridges you are burning. Are you afraid if you do not destroy the dad, he may prove you unfit or what is your motivation? I would strongly suggest that you befriend the father of this little boy, be there for each other, support each other, so you can both be there to raise this little guy to be a whole, happy well adjusted little man.
Unless he is violent to that child the laws of the Land are dramatically changing to protect the child's right of dad.
Men who are violent to their children are hard to keep away with the Backwards system that is set up in America. heck proving repeat idly that a dangerous one is still dangerous is real hard, I've lived it. I still live it!
Why would you want to block a dad that obviously cares for his son, yes he is his son too. I know he has not violated you or this little boy, you would have said so.
Don't go crying wolf, it is hard enough for those of us who really have to fight for safety. It makes my blood boil!!!

O.k. My head is hanging low, and I am making puppy dog eyes...
After I posted an answer, I read the additional comments. I will personally guide you to every available resource withing my grasps, and there are many, plus I lost track of how many years of experience. first thing, go to http://health.groups.yahoo.com/group/Break-the-Silence_End-Domestic-Violence/

I can help you better there. Sent you an email with the address also, I'll help you through it step by step.

2007-06-07 16:14:24 · answer #3 · answered by Anonymous · 0 1

yes,most likely you'll have to have jkoint custudy but there is a way to fight back.has he ever hurt you before?almost hurt you.if there were witnesses to him almost hurting you go report it and if you still have the marks go report it then tell him that they have that on record he can give up or go to cort and if he wants to go to cort take him.in some weird instinses he might get some custody but the worst case i've seen in that situation was that the mother got to choose when he saw the child but it had to be at least once a month or somthing like that.

2007-06-07 15:47:16 · answer #4 · answered by Anonymous · 0 0

he will not gain custody as this would be considered mentally unstable . also when you go to court ask for supervised visitation . that way you know your son will be safe and that is the ultimate goal here . good luck .

2007-06-07 15:37:54 · answer #5 · answered by Kate T. 7 · 1 0

what makes you think he will harm the child? I'm sure he had these problems BEFORE you decided to have a child with him.It sounds to me like you are using his health issues to screw him over.My brother was going through a seperation with his wife 2 summers ago and she did the same thing to him except her excuse to keep the kids away from him was that he had a sleeping disorder which she claimed could be harmful to the kids.GROW UP.

2007-06-07 15:39:42 · answer #6 · answered by thejrzdevil 2 · 0 1

You need to get ahold of his medical history, & take that to court. you have to prove that he has these problems. If he has a history of violence, arrest records or anything of that sort get those too. & file for supervised visits.

2007-06-07 15:36:51 · answer #7 · answered by the_kikione 3 · 1 0

if he can prove he is being treated by a doctor and he is taking meds and it is under control, he could

2007-06-07 15:35:26 · answer #8 · answered by Anonymous · 0 0

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