What are the chances of getting full custody when the father of my child is constantly high around the baby? 1 Answers as of June 28, 2011The father of my child filed for full custody. I don't want him to have any rights to her due to the fact of his constant smoking and he grows weed in his and his parents house where she in fact goes and is around all that. He brings her home smelling of weed constantly and I have asked numerous times to keep her away from any drugs but hasn't listened. The only thing I will settle for is supervised visits due to his felony convictions and drug habit. Would I get full custody or would we most likely get 50/50?
John E. Kirchner, Attorney at Law | John Kirchner
When parties cannot agree on a proper Parenting Plan, the court will decide the allocation of parental responsibilities: principal residence, decision-making authority, parenting time, etc. based solely on the best interests of the child as determined from the facts presented to a judge. Colorado does not use the term custody so neither of you is properly addressing the issues the court will have consider. Your description of the father's behavior would not appear to justify a 50/50 time split, but there are other factors (including whether you and the father are/were married for much of the child's life) to determine whether he presents a clear threat to the child. To avoid leaving the judge with an impossible he said/she said choice to make, you should have the court appoint a child & family investigator (CFI) to provide a neutral and objective investigation.
Answer Applies to: Colorado