Family Law Attorneys
Q.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?
A.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.. 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
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