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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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My ex wife went thru the drug therapy and the courts supposedly

Customer Question

My ex wife went thru the drug therapy and the courts supposedly said that the file is closed that can still help me to stop her from getting any kind of visitation or custody? Her living with an alcoholic is a concern also. Should I get a lawyer to go with me into court and fight this? I dont mind letting the kids see her but I dont want her to prevent the move, I will make sure they see eachother once a month and holidays, but with everything she has put me and the kids through I dont want her to hurt my kids more. She told me that the abuse and neglect charges were droppped, but they were still in her file, she has had warrents out for her also, drug abuse of course, and not to mention the mental abuse she put them through, all of that she claims the court has closed that file and cant hurt her, but with the well being of the children, I would think that I can still use it against her. I live in Delaware by the way. I just want everything I can use against her that she has done. The kids dont really want to see her that much as it is, they want to move to. IO just cant let her get anything I am scared for the well being of my kids and I feel moving away will help them start a fresh new life.
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
To answer your question, if she went thru drug theraphy the basis for why she was ordered to do this theraphy should be provided in her case file. Even if the file is closed that does not mean her history of drug abuse is not relevant. Those records can be subpoened if needed to help support your case. Only information that has been found unfounded or dismissed (dropped) may not be used as the court did not find her liable for them and she would be able to shoot them down as being irrelevant. Your focus would be only against those allegations that were found true,which appears to be the drug theraphy.

I would strongly recommend a family law attorney unless you believe you are capable of presenting a contested relocation/custody case, which are very difficult to do without counsel. Your attorney would also be able to subpoena the documents needed to present as evidence.

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