I am very concerned about my young child’s safety while with my wife as we go through the divorce process.
There is a history of the mother having significant untreated mental health issues and abuse of prescription medications. She is a danger to herself and especially our small child.
On top of this, our divorce case keeps getting delayed because of her filing for continuances so my child is at more risk with each passing day.
What legal action can I take on behalf of protecting my child?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and child custody laws where I am licensed to practice.
If you have concerns about the immediate safety and well being of your child while in the mother’s care, you should contact the police. They will be able to check on the welfare of the child and determine if a credible threat exists that warrants removing the child from the mother’s care at that instant.
If the police do not feel that there is an immediate danger to the child, you could move forward with a request for a mental health evaluation for the mother, a request for an emergency hearing to address child custody and parenting time, and file objections to requests for continuance by the child’s mother citing to his concerns for the safety of the child.
Finally, if you have reason to suspect that the actions by the mother would rise to the level of child abuse or neglect, you should report your concerns to the department of child services or child protective services.
In general, if there are family members available, especially a parent, the child will typically be placed with them rather than in a foster home.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.