QUESTION
Could I seek supervised custody for my ex if I feel he is has poor judgment and is endangering my daughter?
Asked on Aug 18th, 2015 on Child Custody - Washington
More details to this question:
I'm extremely worried about the safety and morality of my daughter my ex-husband has really poor judgment and if there is trouble he can get into, he will even while he is caring for a minor. For example, his daughter was showering with him and washing his back when she was in third grade. When I found out, I put a stop to it. That issue has since been resolved. My ex-husband is a repeated drunk driver and has a long DUI record to prove it. While I'm debating about this issue, another issue arises. Now I have another reason to be concern. My ex-husband is living with a woman and I personally don't care how he lives his life. The only thing I ask is that on his weekend with my daughter, he can have his girlfriend over for a visit, but not sleep over night while my daughter is there. He basically told me he is going to do what he wants. He is right, but I have an 11-year-old daughter who I worry about. What are my rights? Will the court grant me sole custody and my ex-supervised custody of my daughter if I seek it? I live one state and my ex currently has joint legal custody and a physical custody of my daughter every other weekend. What can I do? I truly worry about my daughter's well-being. I don't want her to suffer anymore. Please advise. Thank you.
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In family matters, courts generally do not much care about personal morality. While your moral judgments are clearly different from your ex-husband's, and may well be better, a court is not likely to help you on that issue but nothing stops you from trying, with a motion to amend judgment or something similar. Don't expect sole custody however. You might get an order requiring him not to consume alcohol before 12 hours before placement, and of course during placement. There is a slighter chance that you could get his visitation limited to something supervised. Consult an experienced family law attorney in your area: it's almost always worth it.
Answered on Aug 19th, 2015 at 12:58 PM
If your case is in IL, whether you have joint or sole custody has no bearing on his visitation. You need to contact an attorney to learn of your options.
Answered on Aug 19th, 2015 at 11:46 AM
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Law Offices of Helene Ellenbogen P.S.
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You knew all these things at the time the custody decision was made. You either brought it forward and the court found it unpersuasive or you didn't in which case it's too late. Having his girlfriend sleep over is not an issue the court will find troublesome unless there is open sex in front of the child. So it sounds like you have life style/values differences, but it doesn't sound like anything bad is happening to your daughter. You may just have to relax and acknowledge that you have different values.
Answered on Aug 18th, 2015 at 5:56 PM