Parental custody?
I m a father with full custody of my son. I ve been full custody since divorce final 3yrs ago. In that time my son s mom has been in and out of jail twice in rehab because of drugs lost a new born child because she was on meth while pregnant. Now that she s been out of rehab for 1month now for the second time. She wants to take our son with her. She still keeps company of the same people that she was running around doing drugs with. Now she says she s getting a lawyer to get some custody of him.
I just want to know what can I expect for her to be granted, what is the most she can get. I m terrified of the court making a mistake. There is just no trusting in her. She has no respect for authority.
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If you're not getting your own lawyer, you are a fool.
Get a lawyer and make sure your full custody is secure.
Make sure to document her friends and use that as your ammunition.
It's an idle threat. She won't be able to find an attorney to take her case. And even if she does, she won't get anywhere. Custody is extremely difficult to get changed once it is set. There has to have been some major change in circumstances for her to be granted custody, and it doesn't look like there's been one in this situation.
With all the facts at hand that you have shared with us.. no court in the land will give her unsupervised VISITS. Get an attorney of your own. Your child's mother should NOT be allowed to be alone with your child. Supervised visits might be possible... but no way does she get to "take our son with her". Get CPS involved now.
To say you have nothing to worry about isn't exactly true because courts do favor mothers. That being said, the court typically doesn't want to disturb a well taken care of child from a loving home he has long known for the uncertain one of documented drug addict convict unless she can prove you to be an unfit parent (worse than she is). The court likely will grant visitation rights, but likely only supervised at first.
Make sure you have documented PROOF of your ex's instability & drug activities.
Remember, your primary responsibility is to protect your son.
You need to gather undeniable / undisputed truths about her ... things that when presented in court that there is absolute no doubt about.
If she has not changed her friends -- then mostly likely she has not changed her ways.
In my State - if a mother gives birth - and is discovered to be on drugs - the newborn baby is taken from her immediately. You should have lots of documented proof about her.
Be sure to get you a GOOD attorney !!
Get yourself a lawyer. She should only get supervised visits for quite some time and take drug tests because she should not have a child in her care while on meth. One month is not enough out of rehab. Any judge should know that.
You have nothing to worry about. Document, document, document everything that has happened, get people who will testify to her character, which is crap.
You can expect her to be granted little to nothing. A judge in a court of law isn't going to rip a child out of his or her home environment which he is accustom to, just because a drug addict mother wants him back. Consult a family law attorney