Question:

My ex, who has primary custody of our 8 year old, was recently sent to jail with blood tests showing traces of meth.

I am now afraid to let my child stay with her, so what can I do next?

Answer:

If you’ve never been to court over your children, whether you are married or not, you would need to file for custody of your child — both legal (i.e. the right to make decisions over the children) and physical (i.e. placement of the children in your home or the mom’s home).

You can petition the family court to obtain custody over your child given the mother’s recent issues. I would strongly recommend an emergency motion for custody because of these circumstances.

If you have been to court before and have some type of custody arrangement, what are your legal rights to your child? Do you and your child’s mother share legal custody, or does your child’s mother have sole legal custody? Also, what about physical custody? Does the child live full-time with mom?

The reason why these issues are important is because it gives you reason to get into court as soon as possible on these emergency circumstances and to change custody from what it was before.

Most courts require a significant, material change in circumstances to file for a modification. The circumstances in your case are serious and absolutely warrant court intervention.

Your child is in a dangerous environment and needs to be placed in a safer home. Again, I’d recommend an emergency motion to change custody in this situation as well.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.