More details to this question:
I've always had primary custody of my kids. Their father was not really in their life up until a little over a year ago. He gets them 3 times a week but didn't help finacially. I took him to court for child support and he was ordered to pay. Immediately after he petitioned the court and told them that my living enviornment is unstable and I could be "put out" at anytime. Now before I go any futher, let me say I am an alcoholic. I've been clean for long peiods of time but I relasped 5 months ago and told him. I got back on track immediately. My kids are clean, healthy, great attendance, I'm involved in school. I have a 3 bedroom apartment. He stated to the court that I was "kicked out" of 1 place for drinking, and is still drinking. This is only somewhat true. I was asked to leave from a transitional over a year ago because I relapsed on property, not because I relapsed and at that time I went and told on myself, so that I could get help. Anyhow I am doing really well, I have counselors behind me and I see a therapist and so on. Can he get custody of the kids? Also he lives with his brother, his 17 years old twin niece and nephew, and his niece's daughter in a two bedroom apartment.
9 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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First, he has to show a change of circumstances with you or the children since you obtained custody. If he shows that, the next issue is whether it is in the best interest of the children for you to have custody or him. If he files for custody, you need to obtain an attorney to assist you with presenting the evidence to show the court you should maintain custody.
Answered on Sep 27th, 2012 at 11:35 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced divorce attorney. It all depends upon how the evidence is presented to the court.
Answered on Sep 25th, 2012 at 5:11 PM
Suzanne H. Lombardi
In Alaska the court presumes - starts with the custody of 50/50% with each parent. If you have primary custody of your children then no one can take that away unless a court orders it. If your ex takes you to court you want to make sure that you have the best defense possible. An attorney can help you fight for your right to keep your children. Alcoholism is a disease and as long as you are treating it - making your meetings and meeting with your counselor an attorney can make a great case for you that the children should stay with you. Good luck and I would suggest at least a consult with an attorney because you have a complicated case.
Answered on Sep 25th, 2012 at 5:10 PM
Michael Paul Vollandt
If the Father tries to change custody the Court will consider what is in the best interest of your children and than is only if there has been a substantial change in circumstance for the change if the orders are permanent orders.
Answered on Sep 25th, 2012 at 5:10 PM
Dennis P. Mikko
Custody would be determined by the court based on the best interests of the children after reviewing the factors of the child custody act. It sounds like both of you have problems. If you can prove that you are back on track and can provide for the children, while there is no guarantee, he may have a hard time changing custody based on his living conditions.
Answered on Sep 25th, 2012 at 5:09 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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When the cusody of your children is in jeopardy, you need a lawyer. Please see one soon.
Answered on Sep 25th, 2012 at 5:08 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Each case is different and each case demands the attention of an attorney. Without knowing all the facts, your question is hard to answer. The outcome of any case of this sort depends upon the likes and dislikes of the judge, the abilities of the attorneys, and the facts.
Answered on Sep 25th, 2012 at 5:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He is apparently trying, and could under circumstances very favorable to him. You need to provide proof of your sobriety, if necessary, and that you have been taking care of the children, regardless of your problems, in all be the most recent past when he reappeared and was asked to help support them. I would suggest you engage an attorney.
Answered on Sep 25th, 2012 at 5:07 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Only the judge who is responsible for the current custody order can answer that question. There is nothing to prevent your ex- from asking the court for something; but, simply asking and making accusations isn't enough. He will have to convince the judge that a change is in the best interest of the children and that may sound easier than it will be.
Answered on Sep 25th, 2012 at 5:07 PM