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Custody Issue . . . . Need Advice

Posted by on Feb. 2, 2013 at 5:16 PM
  • 4 Replies

The father of my daughter decided he was going to file for custody. He wants joint custody but because she is so young I want full custody.

My questions:

1) He has a drug and alcohol abuse history, will that help me in court to get full custody?

2) Because of his drug history he has been unable to join the military and police force. By telling a judge that will it help?

3) He has a lawyer in Maryland but we both live in Delaware. Is it legal for him to be represented by and out of state lawyer





by on Feb. 2, 2013 at 5:16 PM
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Replies (1-4):
conniejo75
by Bronze Member on Feb. 2, 2013 at 5:24 PM
You probably wont get full custody. But you can get joint legal/physical with you having primary residence. Even when we lived in different states we had joint. PAST drug issues alone will not matter if he can prove he is clean/sober now.
As for out of state lawyer... laywers can be lic in more than one state
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LauraMH
by on Feb. 2, 2013 at 8:56 PM
Unfortunately you will most likely not get sole custody based on those things alone. My ex had been to prison 3 times for drugs. He even got arrested with the kids in the car and a pound of marijuana! He had a history if domestic violence with me and several other things.
During our divorce we got temp joint custody and it was ONLY his behavior DURING that time that was taken into consideration. Courts try not to judge in past behavior (which I think is rediculus) but its true. I did end up with sole legal but our GAL said it was bc of his "poor decision making skills". It had nothing to do with anything else. Good luck mama, I hope it works out on your favor.
amonkeymom
by Gold Member on Feb. 3, 2013 at 2:20 PM

If her father is clean, and is deemed to not be a danger to your daughter, he will likely be given some sort of custody or visitation.

faerie75
by Ruby Member on Feb. 4, 2013 at 2:58 PM

 1. depends. my SO has drug and alcohol history and while it gave him a hard time in court, he still fought for and got joint.

2. no. my SO has two strikes and still got joint. (he no longer lives that lifestyle)

3. that idk.

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