Do I have the chance to get the primary custody back if the father received two DUI and a child endangerment charge? 20 Answers as of May 22, 2013

My kids’ father got primary custody of our kids. I had a drug problem but I have been clean for fourteen months and I want primary custody back. The father has received two DUI charges since getting custody in 2010. He went to the school drunk to pick up the kids and hit a fire hydrant. The school called the police and he served seven days in jail. He also received a child endangerment charge. The court order said nothing about him having permanent custody. It said the judge smelled alcohol on him and his girlfriend in court and that if time tells that the father has an alcohol problem and it affects the kids then the order would be revisited and more than likely terminated. We are ordered to go to mediation on September 5.

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Dennis P. Mikko Attorney at Law | Dennis P. Mikko
Based o the facts presented, it sounds like you have a good chance of getting custody back. You should be prepared to document your sobriety as well as the problems your co-parent has had. Two DUI's since 2010 is a good indication that he has an alcohol problem and it appears that it is affecting the children.
Answer Applies to: Michigan
Replied: 9/10/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
yes if you can prove to the court that there has been a substantial changed of circumstance since the last order was signed and a change in custody would be in eh child's best interests Question: Do I have the chance to get the primary custody back if the father received two DUI and a child endangerment charge Question Detail: My kids' father got primary custody of our kids. I had a drug problem but I have been clean for fourteen months and I want primary custody back. The father has received two DUI charges since getting custody in 2010. He went to the school drunk to pick up the kids and hit a fire hydrant. The school called the police and he served seven days in jail. He also received a child endangerment charge. The court order said nothing about him having permanent custody. It said the judge smelled alcohol on him and his girlfriend in court and that if time tells that the father has an alcohol problem and it affects the kids then the order would be revisited and more than likely terminated. We are ordered to go to mediation on September 5 To answer this question, please just reply to this email. The original content and subject should not be modified, otherwise your answer will not be valid.
Answer Applies to: Washington
Replied: 9/10/2012
John Russo | John Russo
What court made this statement, the court with jurisdiction over the children's issues, or the court that heard the endangerment charge? If what you are alleging is factual you would seem to have enough to petition for a change of placement. Your substance abuse was enough to give him placement, but his is only enough to be referred to mediation. Something does not make sense, I don't know where you live but I would retain a good family court attorney, not just an attorney. I know you will not like this statement, but there was a time in your life where you found money for drugs, now find the money for your children. If you have been clean for over a year and have gotten your life on track why can't these children be placed with you, this courts answer is to kept the children in a bad situation, to see if time tells what the present has told. Again, something is missing. Question: Do I have the chance to get the primary custody back if the father received two DUI and a child endangerment charge? > Question Detail: My kids' father got primary custody of our kids. I had a drug problem but I have been clean for fourteen months and I want primary custody back. The father has received two DUI charges since getting custody in 2010. He went to the school drunk to pick up the kids and hit a fire hydrant. The school called the police and he served seven days in jail. He also received a child endangerment charge. The court order said nothing about him having permanent custody. It said the judge smelled alcohol on him and his girlfriend in court and that if time tells that the father has an alcohol problem and it affects the kids then the order would be revisited and more than likely terminated. We are ordered to go to mediation on September 5 To answer this question, please just reply to this email. The original content and subject should not be modified, otherwise your answer will not be valid.
Answer Applies to: Rhode Island
Replied: 9/10/2012
Hamblin Law Office | Sally Hamblin
I would say you have a good chance. Good for you on being drug free. Be on time for the hearing and plead why the kids are better to be with you. Connected by DROID on Verizon Wireless
Answer Applies to: Michigan
Replied: 9/10/2012
Steven Alpers | Steven Alpers
Yes the child endangerment alone should get you custody.
Answer Applies to: California
Replied: 9/10/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can ask for primary custody. Tell all of this to the mediator and to the judge.
    Answer Applies to: California
    Replied: 9/9/2012
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    You may have a chance, but it will likely hinge on when the events occurred that you mentioned. If recent, then you can argue a change in circumstance exists that would justify making a change to the custody order.
    Answer Applies to: California
    Replied: 9/9/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes, you have a good case.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/22/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is certainly possible if thee is a serious chemical dependency issue affecting care of the child. Of course, a case does not operate in a vacuum and much more would have to be known. If a previous custody order was entered, the standard of review is elevated. Generally speaking, to meet the threshold for a change of custody, the child must have been integrated into your home as the custodial parent with the other parent's consent; OR you must demonstrate that the child is endangered physically, emotionally or developmentally in the current custodial situation AND that the benefit of a change in custody outweighs any harm caused by the change. Meeting such standards requires painstakingly documenting issues and crafting moving papers that address the correct standard.
    Answer Applies to: Minnesota
    Replied: 9/7/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Obviously, there is chance because the court will have to evaluate all the facts and history of both parents to decided what is best for the children. But, it isn't possible to tell you what may happen based on such minimal information from only your side of things. You need to consult an attorney who can spend more time determining all the relevant facts and history.
    Answer Applies to: Colorado
    Replied: 9/7/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    It is possible if you can show the court it's in the kids best interest to reside with you rather than their father.
    Answer Applies to: California
    Replied: 9/7/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You have a fairly good chance of getting primary custody under those circumstances, but you need to clearly demonstrate to the Court your 14-month history of being clean and sober and your commitment to staying that way. You will also need to get admissible evidence of the facts addressed in your question before the Court. You sould best retain an experienced Family Law Attorney to represent you in connection with the child custody matter.
    Answer Applies to: California
    Replied: 9/7/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You need an attorney. This is not the sort of thing that you can find a form for and submit it.
    Answer Applies to: Florida
    Replied: 9/7/2012
    Victor Varga | Victor Varga
    If the court determines that it is in the best interest of the children, then yes.
    Answer Applies to: Maryland
    Replied: 9/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, but you will have to be able to prove your sobriety and well as his lack of it.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes. Talk with an attorney first to set things up right.
    Answer Applies to: Nevada
    Replied: 9/7/2012
    Mary W Craig P.C. | Mary W Craig
    Yes, you have a chance to get custody back based upon a substantial change in circumstances. Good luck to you in mediation.
    Answer Applies to: Alabama
    Replied: 9/7/2012
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