If the father has a history of drug abuse will the court temporary grant me sole custody?

Answer 1

If there is any justice the court will grant you custody. But make certain you can show the court evidence of the drug abuse.

Answer 2

Not necessarily, although one would think that reason would prevail. During our divorce, my spouse's criminal records were admitted into evidence, which included two arrests for possession of crack cocaine. We also had a witness from DCF who testified as to his alcoholic background, and several other witnesses who testified as to first-hand accounts of his substance abuse behaviors.

I had a Legal Aid attorney. He had a $300 an hour attorney paid for by his wealthy family. The judge even spoke with our daughters privately, and both of them told her that they did not want to live with their father. My own background was, and is, spotless, never even had a traffic ticket.

The judge ignored all of the damaging testimony and evidence, and awarded shared custody. This happened over a year ago and everyone involved is STILL stunned. Judges are EXTREMELY reluctant to award either parent "sole" custody (unless there are severe circumstances such as verifiable child abuse) because they do not (generally) seem to think it is "in the child's best interest" to be basically "cut off" from the other parent.

I hate to tell you this, but my personal experience was that - the one with the most money "wins". I was never a cynical person until I went through this experience.

I do know that other cases, in other courts, before different judges, can have more sane outcomes, and I would have never thought this could happen to us - but it did. My perspective now is - while it may not be PROBABLE, all things are POSSIBLE.

At the very least, make sure that all documents pertaining to the drug abuse history are official copies, bearing the seal of the county from which they originated, and are notarized where applicable. Judges will not consider anything that is simply "heresay".

My best - and most heartfelt - advice is: hope for the best, expect the worst, and be prepared for anything.

Answer 3

If the "history" has been documented; police records, rehab records, etc. then the Court will definately look at those things.

If the history is just your word against his then you may have more trouble.

Sole physical custody is a very serious Order for the Court to consider. They will probably grant you a Temporary Order, allowing time for him to rehabilitate himself. If he is able to prove that he has changed, then they will reconsider his custody status.

Good Luck!

Answer 4

I think how far in the past will make a difference. Also what type of drug, to what extent, just mild use or heavy use with selling involved. The particulars will make a difference.

If you are the mother be careful what you do, your child will be the one that pays the price for your actions. Do not abuse your child or our system just to have things your own way. After all it took 2 of you to make this child. The father has the same rights as you. How would you feel if he tried to do the same thing to you.

If you are the father, is anyone fighting you on this?
Is the child's mother in agreement with this or will she fight you kicking and screaming every step of the way?

Good luck to this family, with our justice system, they will need it.

Answer 5

They probably will if you can prove his history with drug abuse.