Q: Can I have our joint custody order modified to grant me sole physical custody while my ex is in a 6 mo rehab program?
My ex and I have been divorced for 7 years. He is a recovering alcoholic who has, in the last year gained a substance abuse problem. Our daughter is 13 and has recently stopped going to his house because she no longer felt safe. There was open drug use, people constantly in and out, and constant fighting (between my ex and his wife.) he has mental health issues that he regularly goes off of his meds for. He also refuses to seek mental health help and has attempted suicide on more than one occasion. He current wife gave him an ultimatum to go to an intense 6 month inpatient rehab facility, or divorce. He chose rehab. I had every intention of filing for full custody at the beginning of 2024. Is that possible still with him being in rehab?
A: You can file that anytime. You will still need to send him notice of everything you do. It will be up to the court as to how and when to proceed further.
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