Legal Question in Family Law in Rhode Island
Custody of minors
My wife is severely mentally ill. If she cannot, for one reason or another, continue to act as their mother (guardian, primary caretaker, etc), can her family take custody of them from me, their natural father?
1 Answer from Attorneys
Re: Custody of minors
If I understand the question correctly, you ask essentially whether the children you have with your wife could be taken from you in the event of her incapacity.
Generally, no, as parents are the natural guardians of their children. If there are other facts, however, such as in your background, that the in-laws can establish make you unfit to care for your children, then they could petition the Court for a change to the general presumption that children are best off with their natural parents.
Bottom line is that the Court would have to see some pretty compelling evidence that you are unfit.
Best wishes,
Scott
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