What are my rights if my wife entered rehab for alcoholism last week after appearing in court drunk for a public intoxication?

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What are my rights if my wife entered rehab for alcoholism last week after appearing in court drunk for a public intoxication?

I was not informed of this by her family until last night. Currently we have a joint custody agreement which does not mention anyone as legal guardians for my son other than her and myself. Am I entitled to take full custody during the period she is in custody? Am I required to pay child support during the period she in incapable of taking care of my child? Are there any actions I can take against either her or her family for not informing me of the change in guardianship status for the past week? This is not her first time in rehab this year and I am extremely concerned for the well being of my child.

Asked on December 5, 2012 under Family Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you consult with a family law attorney concerning your spouse's substance abuse issues to see what legal recourse would be needed where you possibly could have full custody of your child where the existing child support order would be modified pending her treatment while you have the child.


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