Legal Question in Family Law in New Jersey
change of custody due to drug abuse
My daughter's dad and I have had joint custody since 2002. I applied for sole custody last month because he started using hard drugs (again), and has already been in a rehab 1 1/2 years ago (he came out and was doing great, and went back on) - and instead of taking her himself, he sends her to his mom's to take on his responsibilities.
We have already been to court 2 weeks ago for the initial hearing. The judge originally denied my request to change custody due to ''no change in circumstances'', but only pending the results of his drug test. He failed the drug test and we have to go back in 2 weeks and the judge will reconsider the case. In my application to the court I asked for sole custody, with him having supervised visitation. My concern is that because instead of doing the drugs in her presence, he leaves her with his mom and goes out and does them. He does not live with his mom, he actually has no permanent place to live right now. I am just afraid what the judge would say since she's not subjected to being around the drugs. But, I share joint custody with HIM, not his mom.
What about now that he failed the drug test? Is that considered a 'change' or does it open up a different aspect of family law?
4 Answers from Attorneys
Re: change of custody due to drug abuse
As you know from the answers given, there is a lot of room for interpretation in Family Court. You do have a better chance of success with protecting your child with a lawyer but the judge did leave the door with the drug test that was failed--some people fabricate drug charges. The change may have occurred one-and-a-half years ago when he went to rehab but did you go to court or let it slide? There are many questions left open despite that you tried to be detailed. Sometimes an hour or so interview with an experienced lawyer --25 years for me--can lead to answers that will help your case.
Re: change of custody due to drug abuse
What you describe, if you can prove it, is incredibly important to the Judge's decision on custody.
If you can possibly find a way to hire an attorney to help you in court, your chances of succeeding will improve a lot, I would think.
Good luck to you.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: change of custody due to drug abuse
I agree with Mr. Davies. I just want to add that when it comes to family law, no one can ever give you a clear yes or no answer because nothing is black and white. Your exact same situation presented to two different judges can and may likely get two different results (and sometimes three).
Thus, your best bet is to get a good attorney and swing for the fences with everything you have!
Re: change of custody due to drug abuse
This is very serious. Make sure the Judge has the results of the tests and understands he has no residence. I would also make sure that these is served in time under the rules and you have proof of service on his last known address.
I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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