QUESTION
What are my odds of winning custody of my child?
Asked on May 22nd, 2014 on Child Custody - Louisiana
More details to this question:
I'm the father, and i know judges are reluctant give fathers custody. My wife is an addict of both marijuana and the computer. I have audio evidence of her flipping out about not being able to buy drugs, and video evidence of how she leaves her stash and pipes out in open in her and my kids shared room. There are multiple, but reluctant, witnesses to her smoking with our child in the room and her refusal to move from the computer most of the time. She also only makes about $100-$150 per month and is not trying to work more. She lives with her family and pays none of her own bills except to buy drugs and cant pass a drug test. I have 2 jobs and am drug free; i'm already paying all monetary support. My family support system is also more stable.
1 ANSWER
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Hello,
As in most cases, it will depend on your jurisdiction and judge. Assuming for a moment that you are in a "fair" jurisdiction and have an "impartial" judge, then getting domiciliary custody of the kids should be fairly straighforward. However, your evidence would have to be fresh enough to implicate the immediate impact on the children and show some really bad acts. Some judge's dont particularly care if weed is smoked around kids...others do. It simply depends. As to her willingness to work, if the children are over the age of 5, then you can ask the court to "Impute" a salary to her for support calculations which normally helps significantly.
As always, if you're in the New Orleans, St. Tammany, Washington or Jefferson Parish area, dont hesitate to call The Civil Law Center, LLC for a consultation. 504-342-4221.
Answered on May 27th, 2014 at 9:59 AM