Question asked on Aug 31st, 2016


Q: How hard would it be to get full custody of your child of the other parent has some drug abuse and several tickets?

A: It is hard to tell from this question who “they” might be.  if you mean the State, it would take a CPS determination that the child was a victim of serious abuse or neglect.  If you mean the other parent seeking primary custody, maybe — I doubt anyone will care much about (most kinds) of traffic tickets — DUIs involving driving with the kids might be a different story, and some judges, at least, have a zero-tolerance policy for drug abuse, believing it incompatible with being a fit parent; those judges consider it a matter of making a choice between your drugs and your kids.  The rules for changing child custody are detailed here.  If you are concerned — and you should be — you should take steps to get clean before the situation gets worse.

Marshal S. Willick