Child Custody Modification If Ex-Wife Is Using Drugs
|Saturday, 02 June 2012 00:00|
She was reported to Child Protective Services for having drugs in the home. An investigation found no drugs in the home, though she had shaved my children's heads I'm assuming because of the possibility of them being tested.
Even though the investigation found no drugs at the time, is there anything I can do to use this as a reason to modify custody and protect my children?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce and child custody laws where I am licensed to practice.
It has been my experience in my jurisdictions that parties can seek to modify their current custodial orders based on a material change of circumstances. The presence of drugs, along with a recently found potentially dangerous situation would constitute a "substantial and material change" of circumstances.
For instance, I might ask the court to grant my client sole custody under an emergency ex parte order to relieve the immediate potential for harm and that the best interests of the child dictate a change in custody. This option can be expedited and presented the fastest option for an immediate change and protecting your children.
Morality Clause:Prohibiting Use of Alcohol and Drugs
You can take your children to get drug tested based on hair follicles on the arms, and any reputable drug testing agency can assist you with the same. This also would aid your case. Any results could be turned over to your attorney or phoned in to a Child Protective Agency.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.