QUESTION
Can the father of my son that has a drug problem get custody?
Asked on Apr 05th, 2014 on Child Custody - Idaho
More details to this question:
I have full custody of my son. His father has a drug problem, history of arrests and rehabilitation. Can he get any kind of custody of my child?
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, we don't have custody as such in Washington. We have residential time and decision making authority. If he has a drug problem, you can ask the court to order him to be evaluated/treated and to limited visitation to supervised visitation until he has been clean for a certain period of time (depending on the drug etc). You don't say if either of you has filed anything. If no court has issued an order and you were not married to him, he has no right to see the child until a court has issued an order.
Answered on Apr 07th, 2014 at 2:52 PM
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He may if he is found to be not a danger to his son. However, there are a lot of different ways in which a time-sharing schedule can be crafted to ensure your son's safety. You should consult with a family law attorney in your area for further guidance.
Answered on Apr 07th, 2014 at 2:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the past, and current, situation. Without the details it is impossible to form a reasoned opinion.
Answered on Apr 07th, 2014 at 1:50 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Based on you comments it appears unlikely that the father would get physical custody. You may need to request that any visitation be supervised by a family member or professional monitor if you feel there is a risk of harm if the father has unsupervised visits.
Answered on Apr 07th, 2014 at 1:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. First he has to go to court and ask. If he still has a drug problem, you can probably get him limited to supervised visitation.
Answered on Apr 07th, 2014 at 11:42 AM