Legal Question in Family Law in Rhode Island
Divorce with kids
My soon to be ex is now sleeping at his girlfriends apt. with my son on his only night with him. I have no idea where she lives or if my son is safe. He will not answer my calls and I know his girlfriend has roommates. Is this right and is there anything I can do about it. He is either sleeping on the floor or couch at a strangers house. I have custodial custody and he has our son on Sat only. I am worried that my son will open the door and take off seeing that he is only 4 years old. Not even that I don't know who is there with him.
2 Answers from Attorneys
Re: Divorce with kids
You mention that your husband is your "soon to be ex". Therefore, it sounds as if you are in divorce proceedings. If you are in divorce proceedings you should file a Motion for Relief prohibiting your husband from having your son in the presence of a person of the opposite sex while he has him overnight.
Family Court judges are inclined to protect your son from this confusing situation, especially given his young age. Also, in your motion for relief you should ask the husband to have your husband disclose where he is taking your child and who is present. Names and dates of birth are reasonable to ask for in order for you to do a criminal background check on the persons around your child. This can be done online (at least for the state of Rhode Island).
Personally, given the age of your son, I would have a client request that the husband have supervised visitation at the courthouse for a few weeks and ask that the family court investigative unit perform an investigation of your husband's living conditions and those he is living with to make sure it is a suitable situation for a 4 year old to be spending overnights.
If you are not yet in court, then you need to engage a family law attorney and get there to protect your son as soon as possible.
I practice family law on a full-time basis if you need to engage a qualified, caring and affordable practitioner.
My best of luck to you in this difficult situation.
Re: Divorce with kids- My husband is letting our child sleep at his girlfrriends house!
This seems totally inappropriate. You should seek a restraining order in your Rhode Island divorce restraining and enjoining your husband from letting your child stay at his girlfriend's house. You should also ask for a restraining order against any overnight visitors of the opposite sex. You should also seek a restraining order against him introducing the child to anyone who he is in a romantic relationship with while the divorce is pending.It seems like you have a good chance at obtaining the Family Court Restraining order.
You should contact a RI divorce, child custody and visitation lawyer/ attorney. Feel free to call me any time.
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