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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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can my son get full custoday of his two children as he

Resolved Question:

can my son get full custoday of his two children as he and his fiance are breaking up and she is taking drugs coming home the next day and hanging around shady characters. She is 19 and never works or really is interested in the kids, just for money
Submitted: 8 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 8 years ago.
Has paternity been established already?
Customer: replied 8 years ago.
he is on the birth certificates and they all live together right now and for the last 2 and half years.
Expert:  Familylaw Guru replied 8 years ago.

Then yes, he will need to immediately file two things:

1. A Motion for temporary custody with the family court. In this motion, he will need to explain that he fears for the safety of his children due to their mother's drug use.

2. A Petition for custody (also filed with family court): In this he needs to list the children's names, birthdates, and social security numbers, explain that he is the father and is on the birth certificate. Explain that the mother is on drugs and that he is the fit and proper person to have permanent sole custody.

Once these are filed, a hearing will be held where the judge will issue a custody order.

He can either type these up himself and just explain everything or get an attorney to help him with this.

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