Upcoming battle...

[redline]

Hi....
My marriage is about to go down the rocky road of separation.
My wife has a mental illness which has not been officially diagnosed. From what I've been led to believe, it could be schytsophrenia.
I've let her know that I'm getting an attorney ( meeting on Thursday ).
She told me she will not be getting one of her own and that she is agreeing to the separation but will contest the issue that I want custody of our kids.
How will this pan out if she doesn't have a lawyer and I do?

 

[Proserpina]

Hi....
My marriage is about to go down the rocky road of separation.
My wife has a mental illness which has not been officially diagnosed. From what I've been led to believe, it could be schytsophrenia.
I've let her know that I'm getting an attorney ( meeting on Thursday ).
She told me she will not be getting one of her own and that she is agreeing to the separation but will contest the issue that I want custody of our kids.
How will this pan out if she doesn't have a lawyer and I do?

Two things.

First, without an attorney she'll be at a disadvantage but this doesn't mean that getting primary custody will be a slam-dunk for you either.

Second, the courts don't care what you believe she has (in terms of mental illness) - if she's undiagnosed, for all intents and purposes she doesn't have a mental illness.

Third (ok, that is three things, sorry ), even schizophrenics can retain custody of their children.

 

[redline]

Thanx for the quick reply.
I guess I'm throwing the fate of things to come with my attorney.
She did mention that she believes she'll be able to obtain a pshyc evaluation for both of us.
Am I right in assuming that will have a significant impact on the court and the custody issue?
I know I'm jumping ahead right now but the ground is not too clear ahead of me right now.

 

[Proserpina]

Listen to your attorney, absolutely.

Just be aware, as I mentioned, that schizophrenics can retain custody of their kids.