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Nov 29
1999
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Ask a Lawyer: Can I get sole custody?Posted by: Dads Divorce on Nov 29, 1999   |
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Question:
My ex wife is a a fast road to destruction. She gets in relationship after relationship. Her last boyfriend is now in jail and her current one is a drug dealer (which I know I wouldn't be able to prove). She has been kicked out of her parents house, defaulted on rent in another apartment and is now going back and forth betweeen her boyfriends house and her sisters house. Weeks will go by without her contacting her "son" and when she says she wil pick him up from school, I have to send someone else, either my sister or my ex in-laws to get him when she doesn't show. I currently have placement of my son due to drug use on me ex wifes part. I'm not happy with how I get my son back after he has been with her, on the few times she has him. He is usually filthy wearing someone elses clothes. Do I have any chance of getting full custody of my son in the state of RI
Answer:
I cannot answer your question specifically to the laws of RI as I am not licensed in that State. I am unclear about what custody arrangement that you would like me to evaluate. You indicate that you have custody the majority of the time due to her drug use, but your question asks about getting sole and full custody. Different jurisdictions use different terms and sometimes use the same term but the word means different things in different jurisdictions. Furthermore are you talking about physical custody or legal (decision making) custody? If you are talking about physical custody do you want her to have no physical contact with the children, supervised visitations with the children, unsupervised but no overnight visitation with the children or just less time than she currently has? Based upon the limited amount of information that I have it would be worthwhile exploring a case for unsupervised but non-overnight visitation. If you are talking about legal custody, the fact that you are unable to reach her for weeks at a time and may or may not know where to contact her it would be appropriate for you to file for sole legal custody.
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