Legal Question in Family Law in Rhode Island

Child Custody /Adoption

I have sole custody of my 7 year old son, his biological father has been in and out of prison on drug charges since my son was 2 years old (appox. 3 years) and has a ''wrap'' sheet a mile long from before then. Sporadically spends child support. Most recently his court ordered supervised visits were suspended because he was found to be under the influence again. My son has now been witness to this mans behavior many times while on drugs. He has now enrolled himself in a detox center. Will this help / hurt my case of terminating his rights? My son desperatly wants this man out of his life and to be adotpted by his ''dad'' my husband of 5 years.


Asked on 5/11/09, 3:13 pm

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: Child Custody /Adoption

Your ex-husband's enrolling in a detox center will certainly not help your case for terminating the biological father's rights. However, many people enroll in detox programs. The true question is whether he will truly be detoxed by the program. If your case to terminate the biological father's parental rights is going to reach completion before his detox program is completed, then the enrollment itself will significantly help the biological father's defense to any termination of his parental rights if he objects to the termination.

I hope this helps. My best to you in this difficult situation. Should you need further assistance and you do not have an attorney, please feel free to contact me about my divorce coaching service.

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Answered on 5/11/09, 4:08 pm


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