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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24869
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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My girlfriend is a drug addict and thief with one shoplifting

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My girlfriend is a drug addict and thief with one shoplifting charge that she is on probation for, and a new arrest for stealing and using my credit card for over $1,000. No arrests for drug use, although she's been stopped and her car dog-searched by the police after leaving a house under surveilance. She says she'll go to rehab but if this fails, can I get custody of our daughter? Also, can she take our baby out of state without my consent?

Most certainly. All you will have to do is file an emergency motion for custody relaying this information to the court and the court will award you full custody - they may not even want her to have visitation unless she goes through drug rehab or something first - it depends on the court. Also, you may be liable if you don't take action and she causes a problem - you knew of her problems - thereby placing the child at risk.

 

No, she can't take the child outside the state without your consent - unless it's just a routine visit or something with family members and only one or two nights.

 

I would bring the emergency motion immediately.

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