Monday, August 23, 2010

Any family law attorneys out there? I need advice.?

My husband and i have joint custody of his 8yr old son that he had in his previous marriage. Our son claims to have seen drugs in his mother's home. We called CPS and they spoke with our son and he told them the same thing. The problem is that the CPS investigator always alerts the mother that she is coming out to investigate her home, so by the time the investigator shows up at her home, her home is drug free. Another thing, she is currently on probation for prescription fraud abuse, and our son states to have in his possession at her house a couple of pills. We called law enforcement and they retrieved those pills from her home. Now that she's in the hot seat she's making up stories about us. What do we need to do to gain full custody without having to pay a high price for an attorney?Any family law attorneys out there? I need advice.?
well youd have to testify aganist her, if she goes to jail for drug possesion then the legal custody of the child should be transfered straight to his dad, since he is blood related,


i recommend to tesify using the argument that she endangers the childs life, since she might also force him to use drugs..


hope it helpsAny family law attorneys out there? I need advice.?
Please do not take this the wrong way at all but it's important to keep in mind that your husband has joint custody with his ex-wife. You do not have joint custody - they do. I know this sounds horrible and harsh and that is not at all how I intend it. I speak from experience, you need an atty. Your husband should, unless he has a reason to find a new one, contact the attorney that represented him when the custody/parenting agreement was drafted during the divorce for advice. He will however be better served contacting his atty and an atty can file a motion for temporary visitation restrictions until a hearing can be had to straighten out what is going on here. You will need to have as many supporting affidavits from people who have directly witnessed this endangerment to the child.
You are really going to need a lawyer for sure and be careful this is about the child here.
have they questioned the 8 year old? He is the one that has stated seeing the narcotics and he is the one who would know what she does with them. has she harmed him in any way? what are her living conditions? If you can disprove her credibility a judge will most likely side with you in a custody case. You can also try proving that she is in unfit mother, request her to do random drug screenings and if she fails set up a stipulation that you get full custody of the child until she can be retested and the situation can be investigated. You might also petition for full custody and try to work it out with the arbitrator before moving into a full on custody battle. Good luck and i hope it all works out
Talk to the courts about issuing a drug test for all parties involved. Then you would not need to do anything and your husband would be awarded termpoary full custody, which is better than nothing. During that period just build your case. Document everything. I mean everything that happens on any given day~write it down even if it is small write it down





Good luck

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