QUESTION

Could I get legal custody of my children if my husband is taking pills?

Asked on Aug 11th, 2015 on Child Custody - Michigan
More details to this question:
We moved to another state 6 months ago and I recently found out that my husband has been taking pills that were not prescribed to him. I have moved out of the house and am getting my own apartment and after 4 months I want to move out of the state. I want the legal custody of my children. He has sought out treatment and has said he will let me leave, however I would like to know if I can legally take them out of the state and if there is a way to have custody of them even if we are not divorced or legally separated?
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2 ANSWERS

What kind of pills? Aspirin will not make a difference; illegally obtained oxycodone probably would. The mere fact of taking 'pills' does not decide anything about custody or placement. The court is supposed to promote the best interest of the children. And it will likely seek to understand the whole context of the relationships in the family. Good Luck. It's best to find a good divorce lawyer to represent and advise you.
Answered on Aug 12th, 2015 at 3:11 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Both parties have legal custody of the children and are not under the jurisdiction of the court if there is no action filed. You need counseling and to know your rights.
Answered on Aug 11th, 2015 at 6:43 PM

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