My brother is married to a drug addict, his wife smokes pot everyday for breakfast lunch and dinner. She smokes it before picking her daughter up from kindergarden. What rights does my brother have, he does not touch drugs. She wasn't like things before they had kids
2006-07-06 00:56:40 · 8 answers · asked by Wendy 5 in Politics & Government ➔ Law & Ethics
I meant to type this instead of things
2006-07-06 00:58:49 · update #1
they all live together and my brother has tried to get her to stop taking drugs but she won't and is worried about the effect it will have on his children
2006-07-06 01:02:47 · update #2
Where do the children reside? It depends on the laws where the children live. If they live in the US, all states look at which home is the most stable living environment. In many, not all states, the natural mother of the children would need to be found unfit. Unfit meaning that she can not provide proper care, nutrition, or home environment. This is tough because the standards for this are not comparitive nor are they very strict. The drug addiction in this scenario may not play a role if for some reason marijuana use is not illegal for the wife to use marijuana. A lot of variables.
2006-07-06 01:01:33 · answer #1 · answered by Revelator 2 · 3⤊ 0⤋
Unfortunately, he will not get custody. The US court system is very anti father. The court might suggest treatment (which your brother will most likely be forced to pay the bill). If continued use, the state is more likely to put his kids in temporary state care before they give full custody to the loving father.
Every state is different and a good attorney may be able to sway the court. He best chance is to use her addiction as a bargaining chip for increased time with his kids.
2006-07-06 01:07:01 · answer #2 · answered by mymadsky 6 · 0⤊ 0⤋
Yes he can. If he can proove her addictions. If it went to court or to a family law conferance, his solicitor should state about her addictions, and she would have to proove otherwise by taking drug tests. Tell him to ring legal aid for advice. The courts see smoking pot as child abuse.He would have to take her to court for residency, but then the hard part is the law says "it is in the best interest of the child to have contact with both of their parents". Her contact will probably end up being limited and maybe even supervised. Sorry...I keep adding to this because its a situation that makes me so angry. If she is smoking around the children, he could also get them drug tested. It only involves a urine sample, and kids don't need much for it to show up in their system, and it is stored in their fat cells for up to 6 months
2006-07-06 01:01:45 · answer #3 · answered by sharkgirl 7 · 0⤊ 0⤋
My Madsky...you need to get your facts straight dude. Every state has options for father...and there are numbers/web sited to check out for dads.
If bro can afford it...Private investigatoror either of you could call Child Protective Services and have them investigate the household. They will take it from there. It's a hard way to do things but you would have the state investigating and batting for the kids's best interest.
2006-07-06 13:49:57 · answer #4 · answered by dilynjen67 1 · 0⤊ 0⤋
I would think he has a very good chance. I have a cousin that received full custody because of his wife had very similar problems. I'm assuming that they are in the US. If its in Australia, I can't help you. Best of luck to you and your brother.
2006-07-06 01:03:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i see this is a problem that you canot solve your self. the smoking is the problem, not the fact that your bro is married.I donot see a problem with smoking any thing as long as it is not done in front of childern. that don't fly.
2006-07-06 13:51:14 · answer #6 · answered by macki4 4 · 0⤊ 0⤋
honestly i don't think so...i might be wrong though
2006-07-06 01:01:03 · answer #7 · answered by frenchvanilla414@sbcglobal.net 3 · 0⤊ 0⤋
u look very pretty wendy....
2006-07-06 01:03:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋