My Son is Seeking a Divorce and Custody of his Unborn Daughter, What Should he do?

Question:

My son married his pregnant now wife in October of 2014, his wife has been displaying some very psychotic behavior and refuses to seek the professional help she needs and chooses to continue using marijuana daily, my son wants to get a divorce and wants to get full custody of his unborn child, what should he do to make sure he gets custody?

Answer:

 There are no certainties.  However, your son may file a Complaint for Divorce now and file a Motion for Drug Testing and another for Temporary Orders. This is a way to get an order for her to submit to drug testing and to stop using drugs. Also, you may file a Motion for Psychiatric Evaluation. If allowed, she will be required to undergo psychiatric testing.  Once the baby arrives, he should be prepared to file an emergency Motion for Sole Legal and Sole Physical Custody, assuming her symptoms still persist, the psychiatric evaluation is not favorable to her and her behavior is remains danger to the child.

This legal question was provided by Avvo and answered by Cynthia Hanley an experienced Mansfield, Massachusetts Divorce Lawyer.  This does not consent an attorney client relationship.