* Your wife did not choose to be addicted to pain killers. You need to get to the bottom of this and find out what doctors are prescribing these medications to her. Then you should be the husband you should be and seek help for her. See a lawyer and see what the laws are in your State for committing your wife to rehab and getting sole custody of your children without divorce! You took the vows of marriage to be there for each other so now it's time you were! I have no doubt you have been through hell, but, what have you done to resolve this situation! Children are innocent and they only know one thing ... they love mom and dad! To just file for divorce without even trying to get help for your wife is cheating your wife, children and yourself out of a possible good marriage and a complete happy family. By seeing that lawyer and proving your wife is addicted to pain medications and is not capable of looking after the children this will give you the edge to control the safety of your children.
see links and Dads House
Only NC has jurisdiction, nor should the child be taken away from the other parent.
yes biological fathers may seek visitation and custody rights
if you have sole custody and he has visiting rights you need to find a modus operandi to allow him some visits, best solution is consentual
If you live in the US and if the court determines that it's in the child's best interest for you to have custody, yes. The fact that the wife is illegal will not be a consideration at all.
He's using the daughter as a pawn. This is a ploy. Continue with the divorce... tell the lawyer you need an iron clad custody and visitation schedule NOW.
The parents have assumed joint custody.
You divorce and get custody over your kids or just get full custody!
no
He/she can't. Only the parents can change custody.
You have the visitation rights that were established in the divorce, and you have no custody rights.
I think it depends on where you were married. You should consult a lawyer to find out exactly what you should do, especially if you have a daughter, there will be custody and child support involved.