Mentally Ill mother is seeking full custody under a TRO

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DadUnderAttack

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HELP...

My wife who was hospitalized and treated for schitzophrenia and bipolarity just before the conception of our child is now falsely accusing me of physically abusing our 2 year old son. While completely baseless, her allegations have put me under a TRO and gives me zero custody for nearly a month. I have had 50% since the Legal Separation was filed. I am terribly afraid of what can happen to my son in the mean time out of my care. Wife just totaled our car and has had multiple tickets and two accidents since leaving me. She is not clear headed and has allowed our son to wander into the street unattended on multiple occasions. I've presented past history of mental illness to judge and she seems unwilling to get wife evaluated unless I can come up with a $15,000 psych evaluation fee, which I can't do.

Now CPS is involved and I am hoping this will be a good thing. I am hoping I can lay out enough of a case about her mental stability that they will do a psych eval on both of us to determine best custody situation.

QUESTIONS:
1.) Is there anyone out there who has also been through something like this that can share their experience?
2.) Can anyone give advice on how to get full custody IMMEDIATELY even though she has just gotten TRO signed by the judge allowing for NO custody until the trial date?
3.) Can anyone cite California code that allows me to require court to get a psych evaluation for my wife even if I don't have the means to pay for it?

Thank you anyone who can help. You are a blessing.
 
CPS is your best angle. If they determine that the child is in an unsafe environment with the mother then they will either return the child to you or find alternate placement until the court hears the alleged abuse/TRO. If the social worker has concerns of her mental health then your wife might be persuaded to voluntarily go in for an evaluation.
You can call the mental health agency in your county to get further information.
 
Mightymoose,

Thank you. I concur with your advice. I met with CPS and they are going to suggest that we both do a psych eval which is what I've been requesting for 4 months. Now I think I can get some traction with the issue. I'll update site when I have more info. Thank you again....others - feel free to chime in.

DadUnderAttack
 
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