My soon to be exwife and I are going through a divorce and custody battle,son 9months old, and come to find out she has used drug's , pot and cocain while she was still pregnant with son.Other than letting my lawyer know and getting Affidavid's from the witnesses can there be a way for me to bring charges against her outside of the divorce??
2006-10-26 22:05:25 · 17 answers · asked by rsbalent 2 in Family & Relationships ➔ Marriage & Divorce
You should seek the counsel of your lawyer. Child endangerment is a serious charge, regardless of the divorce. You should take whatever steps you have to (legally) to get custody of your child. If she was out of control and irresponsible enough to use drugs that could harm the baby during pregnancy, chances are good that she may still be using.
And, don't allow anyone to make you feel guilty about pressing charges against her. I realize this is a person you once loved, but as a father, you have an even greater obligation to your child's welfare. If she is using drugs while caring for your son, she is putting him at risk because she could not possibly care for him properly. Don't let anyone deceive you into believing otherwise! If she loves her baby, unselfishly, she will take the steps to get the help she needs.
2006-10-26 22:47:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I realize their are a lot of emotions flying around right now, but you both need to do what is best for your son. Taking a child away from is mommy is a pretty dramatic step for the little guy. Not that you don't mean alot to him, but his mommy carried him for 9 months, and the mother is normally the one who is with the baby night and day. Of course the drug use is not OK by no means, but I would be trying to seek help for her if anything. If she does not have any legal charges pending against her concerning drug use, I don't see anything happening with the custody. To prove a mother unfit, is going to take a whole lot more than a couple of affidavits. These people who wrote the affidavits would have to show up in court to testify in front of a Judge in a child custody case. How would they know she did drugs, if they weren't right there doing them with her? I'll tell ya, they get down and dirty in a custody case, nothing is left unsaid, or undone, so beware! Good luck!
2006-10-26 23:06:53 · answer #2 · answered by sue d 4 · 0⤊ 0⤋
hello,
well you have to prove that she is still using, the affidavids are good but then it comes to her word against yours, so you have to have proof....sorry to hear that she used while carring your son....but it is very hard to get a child away from your ex wife....it will be a long battle in court and drug out to no end.....you can have the courts to do a drug test undercover if you think that she is still using....but then it depends on the judge not the lawyer.....and if the judge is in her favor then your screwed.....and the child custody battle is hell too....sorry to be so blunt but thats the truth....i really hope that you get your son away...cocain is a very harsh drug of choice and very addictive.....and no child needs to witness that.....but there is no way to bring charges if its your word against hers.....sorry again i wish you the best of luck
2006-10-26 23:36:10 · answer #3 · answered by wendy p 3 · 0⤊ 0⤋
Why?.... Has she harmed someone?.....
Sounds like you are looking for a reason to get back at her.... You even put this business out here in the "streets".......
Just wait... and if it is best for your favor, you will find it, I'm sure....
Certainly drugs is no good thing... she needs help....
There is a child involved.... Look for the best interest of the child... But, not to get back at her just because you want to find a way to take a "stab" at her because you can't stand her or you want to see her squirm....
That child will ultimately be hurt and may end up costing both of you the loss of the child.....
Be cool, friend.... Just be cool.......
Your sister,
Ginger,
gmcfayden@yahoo.com
2006-10-26 22:20:14 · answer #4 · answered by awriter2dream 2 · 0⤊ 0⤋
I don't know about the charges, but taking the baby and raising him with love in a suitable home will be the worse punishment of all. Nothing is like a mother's love, especially if you have kids and can't give it to them. Get the divorce and file a PPO. It would be years before I allow her to see the baby if I was you. That's just sad....I can't think of words that low to describe her behavior. I feel sorry for you. You and your son will be in my prayers. Much love to you!!
2006-10-26 22:10:47 · answer #5 · answered by sassy lady 4 · 0⤊ 0⤋
I really think you need to speak to your lawyer about the options, he should know what other routes if any are available. But in the end, you really need to do what is best for this child. Having a mother that is on and off drugs, isn't the best place for that child.
Tons of hugs from Mel (http://www.youtube.com/ssgluceywife)
2006-10-26 22:12:46 · answer #6 · answered by jaredsmommy2004 6 · 0⤊ 0⤋
You want her to straighten up? Take the kid away from her. If what you say is true you can take the child without a fight. All you have to do is tell your lawyer and he can petition the court to have her tested for drugs. If you do this you will be tested to. If you are OK and she is not you will get the child. If she has any maternal instinct she will want to be with her child.
2006-10-26 22:17:38 · answer #7 · answered by Sarcastic Sid 4 · 0⤊ 1⤋
you just need to sit down with her and tell her that if she don't get help for her drug problem that your going to take full custody until she get back on her feet then give her half custody because the lil boy does need his mommie.
i know you don't want to be with her but it would not hurt you to be nice to the mother of your child even though you don't want to but remember this at one time you did use to love her.
2006-10-26 23:25:04 · answer #8 · answered by Ms. Rockstar 3 · 0⤊ 0⤋
Child endangerment charges
weather the child is in the womb or not, it's still unsafe especially if the child has a disability from it
2006-10-26 22:10:42 · answer #9 · answered by datcreekgurl 2 · 0⤊ 0⤋
You mean charged for drug use or possession? NO.
To be charged with drug posession or use etc, police have to find drugs in her posession and charge her at the time of her arrest. Unless police find drugs on her person or in her home etc, she can not be charged for drug use.
2006-10-26 22:13:23 · answer #10 · answered by punkvixen 5 · 1⤊ 0⤋