QUESTION
My ex has sole custody but is going to jail for a month. Can I get my daughter?
Asked on May 09th, 2013 on Family Law - Rhode Island
More details to this question:
My ex is getting arrested tonight for assault and harassment of her oldest son who does not live with her, he is 18. But, my daughter with her is 12. If she has sole custody, and is going to be held up to a month can I get my daughter out of that situation? Do I have right to go and pick her up?
2 ANSWERS
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You should immediately hire an attorney and file an emergency TRO with the court. This would at least serve as a temporary custody order until you could have a permanent custody order put in place. The hearing on an emergency would be granted immediately.
Answered on May 14th, 2013 at 6:47 AM
If you have parent time rights with your daughter, you have every right to care for your daughter if your former spouse is unable to do so. If you are concerned that your former spouse should not be caring for the child after they are released from jail, you can petition the court to modify the custody and parent time arrangement.
Answered on May 10th, 2013 at 1:44 PM