Not Guilty by means of Incompetence

Talk to your attorney as I am not an expert on this, but have some experience with it. If she is found NCR, she goes into the custody of DHMH. If the case hasn't been decided yet, sure, she might be free. Not everyone who pleads NCR is in custody prior to trial. Post trial, she can request a hearing to present evidence that she is not a danger and does not need to be in DHMH's custody.
 
ElleMD said:
Talk to your attorney as I am not an expert on this, but have some experience with it. If she is found NCR, she goes into the custody of DHMH. If the case hasn't been decided yet, sure, she might be free. Not everyone who pleads NCR is in custody prior to trial. Post trial, she can request a hearing to present evidence that she is not a danger and does not need to be in DHMH's custody.
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Thanks
 
As you've already been told here, and elsewhere, speak to your family law attorney about the effect your ex-wife's conduct can have on the custody issue.
 
Highwayman said:
So why are you posting under two different user names?
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Umm I thought I was logged in when I posted the original but I wasn't.

And this is about a DUI, on a public forum, in which I asked in the DUI section, I'll ask the question if I want to.

Thanks to all who responded ams helped. It's much appreciated
 
Your lawyer should have already taken action..... A hearing for custody should already be on the table. She is claiming she has a mental illness for a issue. Why do you think any custody court would allow her to retain custody? Your lawyer needs to file this...... Last week...
 
Disabled Vet said:
Your lawyer should have already taken action..... A hearing for custody should already be on the table. She is claiming she has a mental illness for a issue. Why do you think any custody court would allow her to retain custody? Your lawyer needs to file this...... Last week...
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It's been filed, I simply trying to gather for more information on what the NCR is and why she would use that as an excuse to get out of a DUI which seems absurd to me because she has to know it would hurt custody for my daughter and her other kids who aren't mine. As ive said I have my daughter primarily, but have filed modification papers for full with supervised by state visits for her.
 
Claiming a mental illness and being diagnosed with a mental illness are very different things. You simply need to wait and see what happens. There could be a plea agreement before anything else plays out. You never know.
 
mightymoose said:
Claiming a mental illness and being diagnosed with a mental illness are very different things. You simply need to wait and see what happens. There could be a plea agreement before anything else plays out. You never know.
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Claiming one still shows mental issues in a common sense manner I would think. Who claims incompetence to beat a DUI, if they know it could hurt them in custody court
 
mightymoose said:
Not necessarily. Claiming a mental illness could have been a recommendation of counsel. It doesn't mean she agrees with it.
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Seems weird to me, to claim it if not true. I get trying to get off on the DUI, but she has a custody case with three different dad's going on. Yes you read that right. She has to know one of the three will use it against her. Why not take the DUI penalty, suspended license for 6 month, blow and go, worst case a few days in jail?

Seems a pretty big uncommon situation for someone to plead that in a DUI case from what I've read.
 
TaylorsDad said:
Seems weird to me, to claim it if not true. I get trying to get off on the DUI, but she has a custody case with three different dad's going on. Yes you read that right. She has to know one of the three will use it against her. Why not take the DUI penalty, suspended license for 6 month, blow and go, worst case a few days in jail?

Seems a pretty big uncommon situation for someone to plead that in a DUI case from what I've read.
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Not Guilty by reason of insanity or mental incompetency is actually a smart play, if it is real and can be pulled off.

A person's mental illness or mental issues can't be used against them, unless such mental incapacity could cause a danger to others or the person himself/herself.

Bottom line, a case could be made that shows a nexus between a person's alcoholism and mental health issues.

Insofar as mental illness destroying or damaging a parent's right to interact with his or her children, it can't be used against the person anymore than having breast cancer, colon cancer, AIDS/HIV, or other diseases.

It is difficult to wait these things out, but that's your best option.
Otherwise, you'll "what if this", "what if that", or worry yourself silly.
 
army judge said:
Not Guilty by reason of insanity or mental incompetency is actually a smart play, if it is real and can be pulled off.

A person's mental illness or mental issues can't be used against them, unless such mental incapacity could cause a danger to others or the person himself/herself.

Bottom line, a case could be made that shows a nexus between a person's alcoholism and mental health issues.

Insofar as mental illness destroying or damaging a parent's right to interact with his or her children, it can't be used against the person anymore than having breast cancer, colon cancer, AIDS/HIV, or other diseases.

It is difficult to wait these things out, but that's your best option.
Otherwise, you'll "what if this", "what if that", or worry yourself silly.
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Everything you say makes sense to me minus it can't be used against them in custody. You mention the same as cancer, HIV and other diseases, however none of those diseases put the child at risk. Mental illness and not being able to distinguish between right and wrong, or getting in a car and driving does put the child at danger so while it is a disease and I wish her the best in recovery, it's much different than cancer or other diseases.
 
TaylorsDad said:
Everything you say makes sense to me minus it can't be used against them in custody. You mention the same as cancer, HIV and other diseases, however none of those diseases put the child at risk. Mental illness and not being able to distinguish between right and wrong, or getting in a car and driving does put the child at danger so while it is a disease and I wish her the best in recovery, it's much different than cancer or other diseases.
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My response was made not to argue with you, rather to offer you some additional insight into the legal process.

I may not think that alcoholism is a disease, an addiction to meth or crack, etc.., but no one asked my opinion.

Drug addiction and alcoholism are diseases, right or wrong, they are diseases.

As I said, you can pick this apart all you desire.

However, for every answer you receive, you only conjure up more doubts and questions.

I never handicap trials, or legal motions.

You'll learn the outcome sooner or later.

Good luck.
 
army judge said:
My response was made not to argue with you, rather to offer you some additional insight into the legal process.

I may not think that alcoholism is a disease, an addiction to meth or crack, etc.., but no one asked my opinion.

Drug addiction and alcoholism are diseases, right or wrong, they are diseases.

As I said, you can pick this apart all you desire.

However, for every answer you receive, you only conjure up more doubts and questions.

I never handicap trials, or legal motions.

You'll learn the outcome sooner or later.

Good luck.
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I wasn't trying to argue with you either, just start a conversation, just how may brain works in trying to get as much info as I can.

Lawyers all seem the same on that, outcome will come sooner or later. However as a parent it's hard to do the unknown.

Like I said I have her primarily already it's just scary thinking of her being in danger or a dangerous situation.

There's no one on the planet who wants her to have a healthy relationship with her mom more than me, the key is healthy and safe though.

I appreciate your input.
 
TaylorsDad said:
I wasn't trying to argue with you either, just start a conversation, just how may brain works in trying to get as much info as I can.

Lawyers all seem the same on that, outcome will come sooner or later. However as a parent it's hard to do the unknown.

Like I said I have her primarily already it's just scary thinking of her being in danger or a dangerous situation.

There's no one on the planet who wants her to have a healthy relationship with her mom more than me, the key is healthy and safe though.

I appreciate your input.
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Its been my experience people like the woman you describe don't really care about their children.

People like the woman you describe just want to try and control others so they can use them, if and when they need a buck.

I call that let nature handle her.

You just keep being a great dad, and stop worrying about loser females, even if one birthed the great kid you're raising alone.

its obvious, even to an idiot like me, that you care a great deal about your child.

Put all of your energy into being the greatest dad your daughter will ever know.

Don't let idiots distract you.

You're not boozing it up, driving, and endangering innocent people.

You're just being dad to a great kid, and working your tail off to give her a great life.

Your head is on straight.

I learned many years ago that I can only take care of my business.

Remember when you were a kid wishing Christmas Eve was over so you could see Christmas Day?

It never got there any faster by wishing.

If you went to bed at 8:00PM, and wanted to get up at 5:00AM, you still had to wait 480 minutes. LOL

You'll get your answer sooner or later, and very little will change for you and your child.
 
army judge said:
Its been my experience people like the woman you describe don't really care about their children.

People like the woman you describe just want to try and control others so they can use them, if and when they need a buck.

I call that let nature handle her.

You just keep being a great dad, and stop worrying about loser females, even if one birthed the great kid you're raising alone.

its obvious, even to an idiot like me, that you care a great deal about your child.

Put all of your energy into being the greatest dad your daughter will ever know.

Don't let idiots distract you.

You're not boozing it up, driving, and endangering innocent people.

You're just being dad to a great kid, and working your tail off to give her a great life.

Your head is on straight.

I learned many years ago that I can only take care of my business.
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Wow thank you so much
 
army judge said:
Its been my experience people like the woman you describe don't really care about their children.

People like the woman you describe just want to try and control others so they can use them, if and when they need a buck.

I call that let nature handle her.

You just keep being a great dad, and stop worrying about loser females, even if one birthed the great kid you're raising alone.

its obvious, even to an idiot like me, that you care a great deal about your child.

Put all of your energy into being the greatest dad your daughter will ever know.

Don't let idiots distract you.

You're not boozing it up, driving, and endangering innocent people.

You're just being dad to a great kid, and working your tail off to give her a great life.

Your head is on straight.

I learned many years ago that I can only take care of my business.

Remember when you were a kid wishing Christmas Eve was over so you could see Christmas Day?

It never got there any faster by wishing.

If you went to bed at 8:00PM, and wanted to get up at 5:00AM, you still had to wait 480 minutes. LOL

You'll get your answer sooner or later, and very little will change for you and your child.
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I have a lawyer but I just like to hear things from multiple people, again just how my brain works.

If I have primary custody (she visits her mom every other weekend, at her grandparents house and they have to supervise the visit), I opened modification case after the DUI's, because her mom continues to struggle with her drinking problem.

There would have to be something that happened that would allow her to end up with primary custody correct? The courts shouldn't completely flip custody of my daughter. Being a single dad in the court system scares me, my daughter is happy, healthy, excelling in PreK (student of the month twice) and in many activities. Something would have to happen to change her from her norm to with her mom primarily right? I don't know why I worry about it common sense says she should be with me even more than she is now for safety reasons, but common sense and courts don't always go together.

Again just a concerned dad looking for support.
 
TaylorsDad said:
I have a lawyer but I just like to hear things from multiple people, again just how my brain works.

If I have primary custody (she visits her mom every other weekend, at her grandparents house and they have to supervise the visit), I opened modification case after the DUI's, because her mom continues to struggle with her drinking problem.

There would have to be something that happened that would allow her to end up with primary custody correct? The courts shouldn't completely flip custody of my daughter. Being a single dad in the court system scares me, my daughter is happy, healthy, excelling in PreK (student of the month twice) and in many activities. Something would have to happen to change her from her norm to with her mom primarily right? I don't know why I worry about it common sense says she should be with me even more than she is now for safety reasons, but common sense and courts don't always go together.

Again just a concerned dad looking for support.
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I encourage you to await your outcome.
I have nothing useful to add, other than what has already been revealed.
I don't think your current custody arrangement is in jeopardy.
 

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