Question #4: I am about to start going through a divorce and need some answers to questions. I need to know more about no-fault divorces and how they work. I also need to know what my rights are as the father of a 1yr old child and how I can keep custody of him because his mother chooses to run around at all hours of the night and run with drug using friends. She also participates in the use of drugs. I have many other questions that would fill up about three pages, but these are two of the MAJOR issues that I need answers to. Thanks.

In order to properly answer your question I must know in which state you are presently living, where your spouse is living, if there are any children and where they are presently living, are there any marital assets (for a definition of marital assets please see some previous Q & A), where the marriage took place and where you lived as a married couple.
Not all jurisdictions have no fault provisions. New York State requires one to prove fault in order to get a divorce, although if the parties are cooperative the courts have liberally interpreted the statute to allow the couple to divorce.

The question of custody of your one year old child will depend on the court’s opinion whether your wife is capable of providing the best setting for your child to grow up in and certainly, if there are drugs involved, the court will not look favorably at such a situation and will most likely give custody to you, if you can show that you are able to provide a more favorable financial and social setting for the child to grow up in.

Leonard M. Weiner, Esq./Divorce Solutions