The child's mother is on drugs, what will I need to do to get custody and what are my chances? 11 Answers as of March 07, 2013

My daughter’s mother just finished probation last week for a DUI while on drugs. 2 days ago, she was arrested again for possession of meth and pills. My record is clean and I work hard and own my own home with my wife and my other child. I’ve contacted DCF but was told unless my child is starving they basically will not inter fear. What will I need to do to get custody and what are my chances? I get her every other weekend now per custody agreement but she isn’t being taken care of at her mother’s house. Her mother lives with her mom in a 2-bedroom house with 7 people. My child’s mother does not work and lives off my child support this is not suitable for my child.

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Anteski Law Firm | June Anteski
You need to hire a lawyer immediately to file a petition to change custody. You will need to get certified copies of her criminal record and a copy of your custody and visitation order to give to your lawyer. The Court will determine whether there has been a material change of circumstances since custody was last decided and whether it is in your child's best interests for you to be awarded custody of her. Good luck.
Answer Applies to: Arkansas
Replied: 3/7/2013
Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
DCF does not decide custody. The Court decides custody. If your child's mother is using drugs and you want full custody, then hire a family law lawyer to petition the Family Law Court to award you full legal and physical custody of the child. The Court will refer to Family Court Services who will check out the situation and report back to the Court. It would be very helpful if you had anything in writing to prove that the mother is actually using drugs, as you say she is. The Court will want proof on this, and will not rely on just your word against hers.
Answer Applies to: California
Replied: 3/7/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
File and serve an ex part motion to suspend visitation and request random drug testing for the mother.
Answer Applies to: California
Replied: 3/7/2013
John Russo | John Russo
Retain a good family law attorney, not just an attorney, ask friends and family for financial help if needed, if your child needed an operation what would you do? Try and raise the money I bet? This is the same thing attorney's such as my self are highly skilled in this area of the law we know what to do telling you bits and pieces will not help you out, learning the basic way to do something is dangerous, why? because you don't understand the concept of what you are doing, and most importantly the WHAT IF'S, what happens if this happens, what the statutes say on this, whats the case law, its like if you read lets say a due it your self plumbing book, and it says now do A, now B, Now C you know the order but the why you don't, and then C explodes what happens you need to fine out what to do if C explodes , but that's in another book you don't have. Start looking, a good family law attorney, not the cheapest, and not uncles Ernie's real estate attorney, also speak to a few.
Answer Applies to: Rhode Island
Replied: 3/7/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
You need to file to modify custody in family court, either through your divorce case or your paternity case.
Answer Applies to: California
Replied: 3/7/2013
    Mari Morrison Attorney at Law | Mari Morrison
    File a Petition to Modify Custody. Your chances are better of getting custody if you have an attorney that is experienced in the type of situation which you have described.
    Answer Applies to: Alabama
    Replied: 3/7/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    File a motion with the court to modify custody. Get certified copies of her court records and present them as evidence of her drug abuse. In your Declaration include all instances that you are aware of, in which you have seen her drunk/high. Explain why you worry about your child in her care and explain how you will be able to take care of the child. Hopefully, you have been paying all your child support and exercising all your visitation to date and have a good relationship with your child. Why is it that you didn't get custody while she was unavailable/incarcerated? Who was taking care of the child then?
    Answer Applies to: California
    Replied: 3/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You shouldn't agent attorney and bring the situation to the attention of the court seeking a change in custody. From what you say, the court should be very favorable towards your position.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    We can file a petition for custody but need to know have you been in court previously and if so, was there a ruling as to custody.
    Answer Applies to: Illinois
    Replied: 3/7/2013
    Carey and Leisure | John Smitten
    You need to petition the court asap.
    Answer Applies to: Florida
    Replied: 3/7/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    It is difficult to say without all of the facts, but based upon what you have stated, you should have a better than normal opportunity to obtain custody. You should definitely consult with a family law attorney in your area.
    Answer Applies to: California
    Replied: 3/7/2013
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