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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87527
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, my name is kevin and i have been married for 12 year

Customer Question

Hello, my name is XXXXX XXXXX i have been married for 12 year with 2 daughters one 7 and 11. i just found out wife is cheating and i know she is on pot very bad,, also pain pills and possible cocaine...child custody is the question... I am on disibility so I am here 7 days a week so do 80% of the care for them..we live in a trailer thats was given to me.. 90% of the stuff in it came from my family or me...trailer is on her grandmother's property i don't think that will be a problem.she is never here always off at work and after work no telling..what steps should i take. blood test for drugs for unfit plus infidelity Being a male it seems we always loose when it comes to children..help thanks kevin
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



I am sorry for your situation. What is your question - in regards XXXXX XXXXX custody if divorce? Property distribution?



Customer: replied 4 years ago.
i don't want her to take custody of children..don't care about property...devorce will happen just want to make sure i get main custody of children...just the other day she took the kids riding and she was very high on pot...indangering there lives...what steps tdo i take to insure me to get them
Expert:  Ely replied 4 years ago.
Are you going to be divorced?
Customer: replied 4 years ago.
i have no intensions at all for working it out divorce is the answer for sure
Expert:  Ely replied 4 years ago.
The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.



The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.



One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.



Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.



The posessory parent pays child support to the managing parent, unless the managing parent declines it. All states have a preset salary percentage calculation for child support, but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together - the Court will not care.




Best of luck in your matter. I'm here if you need any more clarification or follow up info.

I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to be paid for my work. There is no fee for follow up questions should you wish to continue this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”



















Customer: replied 4 years ago.
to prove she is on drugs via blood test what actions can i take now.if any
Expert:  Ely replied 4 years ago.
You can't MAKE her take a drug test. If you petition for custody, you can ask the Judge to do so to prove that she would be an unfit parent.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
so i must go to j&d relations court and file a petition for custody..and what tell judge to test her.. what if hearing is 30 days or more . she could clean up by the showing no fault
Expert:  Ely replied 4 years ago.
Exactly.If she's clean, then you pay ask her to be rested later, but meanwhile, the court will place custody based on the best interest of the child.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
Relist: Answer quality.
i felt like it was just general info. it felt like i had to pull answers...just was not very helpfull
Expert:  Ely replied 4 years ago.
I am sorry that you did not find my answers helpful. Can i clarify anything?

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