Legal Question in Family Law in Rhode Island

You should take immediate action to enforce the court's divorce decree in the Rhode Island Family Court where it was entered. This can be done by filing a Motion to Adjudge your Ex-Wife in Contempt, Filing a Motion to Require the Ex-Wife to return the child to the State of Rhode Island and/or obtain an emergency order from the Rhode Island family court via an emergency motion to have the mother either move out of the situation she is in or, ask the Rhode Island Family Court to give you emergency temporary placement of your child until the mother remedies the living situation if a remedy would be acceptable to you, but you must act within 6 months of the last day the minor child actually lived in the State of Rhode Island. Unless Rhode Island retained jurisdiction over the Child or was named the home state for the child then it is extremely likely that you will lose any right to take action on behalf of your child if you don't act within this time because Rhode Island is likely to lose jurisdiction surrounding the child.

You would need to make sure you have current proof of marijuana use by the brother in order to back up whatever action you choose to take and not simply past history. You must have relatively recent and actual evidence that the marijuana consumption is continuing and that the child is being exposed to this danger.

You could also ask your ex-wife to move out of the situation voluntarily or at least describe the living situation and how much room there is. You might also want to do a court house check to see if her brother has any recent arrests or convictions that are in any way drug related to bolster your concern.

Ultimately, if your ex-wife as the mother of the child is not cognizant, caring, or of the minor child and the child's exposure to a risk that you can demonstrate to the court, this may be grounds for a request for a change of placement to you as the placement parent.

I hope this helps. Feel free to contact me for a low-cost legal advice session if you need further assistance.