QUESTION

What are my father's rights in a custody battle when the mom's sister does drugs?

Asked on Aug 17th, 2012 on Child Custody - Alaska
More details to this question:
I am in a divorce process with my wife right now and she went for temporary custody of the kids. We already agreed and had notorized every other weekend and 3 hours on Wednesday night and 3 hours on Thrusday night. Judge kept the same time. Judge ordered my ex and I to take drug tests which we both passed. I was ordered a 2nd time to take and I passed again. Judge also recommended sister in law take one to because she was child care provider of 2 kids. She refused because it is was not court ordered. I am shooting for sole custody of the kids based on the fact my soon to be ex has her sister living with her and the sister is smoking marijuana. She also allows our children to be around some neighbors who she calls aunt and uncle. The so called neighbor who she calls uncle smokes marijuana also and has a current case for Domestic Violence. In the state of Arizona is anybody living under the same roof as our kids brought into this? Can they be court ordered to take drug tests? If they fail do my chances get better? Also, my ex is taking percocets, xanax, anti depressant, and muscle relaxer for issues she has. She has a prescreption for all of it, but I believe there is a mental health problem going on. Any advice?
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3 ANSWERS

Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Hire an experienced divorce/child custody attorney. If you can prove drug use you should win.
Answered on Aug 27th, 2012 at 9:49 AM

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Dennis P. Mikko
In a divorce action, the court has jurisdiction over the parties and any minor children. Other third parties are not subject to court jurisdiction. However, if there are questionable people living with either party, the court could require the party to keep the questionable person away from the minor children or present proof that the third party is not a threat to the children.
Answered on Aug 27th, 2012 at 9:48 AM

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Criminal Defense Attorney serving Anchorage, AK at Buchholdt Law Offices
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Your father's rights are not affected by your Mother's sister's addiction.
Answered on Aug 27th, 2012 at 9:46 AM

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