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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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Im pursuing a divorce and child custody case against my spouse.

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I'm pursuing a divorce and child custody case against my spouse. He has a long criminal history prior to our marriage. He also has a history of drug and alcohol abuse. As well as a history of violence while under the influence. Long story short, he relapsed about a year ago. I've tried everything to help him maintain his sobriety. But the lies continued along with adultery. He got 2 DUI's in a matter of 6 months and was arrested when our son was 6 weeks old for a drug related charge. He was sentenced to 4 months. He is a flight risk as well. Since being released from jail he has continued to use drugs and alcohol and has not resided with us. I have been the primary caretaker of our son since birth. He does not ask to see his child as he is too busy partying. I'm curious if I will have trouble obtaining sole, physical and legal, custody? I want to protect my child so that he does not have to be exposed to my husband's toxic behavior. I have no criminal record nor do I drink or use any drugs (none! I never even drink a simple beer). I have a good job, I have always been the bread winner in our household and I am more than capable of caring for the child on my own. I'm hoping it will be a no brainer to be awarded sole custody. However, I have heard some horror stories in regard to custody hearings. The attorney's I have sought out seem to think visitation (supervised) will be necessary. Just looking for some insight? Should I keep looking for attorneys until I find one who will fight for what I want?
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

It is likely that you would be awarded sole custody under the circumstances you have described. It is also likely that the court would allow supervised visitation for the father.

All matters involving children are determined according to what the court divines to be the best interest of the child. The father's drug use and criminal behavior along with the fact that you have been your child's sole caretaker, would typically more than suffice for the court to award you sole custody. However, sole custody does not mean no visitation. Supervised visitation does not place a child in any type of danger, and therefore the courts are typically willing to grant supervised visitation to a parent under the circumstances should he desire to have visitation.

I would be glad to respond to any follow-up questions that you may have.
Customer: replied 1 year ago.

What type of custody should I pursue in order to be able to move out of state? As well as insure that I am in charge of all legal, medical, educational, etc. decision for my child? I would like to move out of state in order to be closer to family. If he is granted supervised visitation will he have a say in these matters?

Expert:  FiveStarLaw replied 1 year ago.
Thank you for your follow-up Stacy.

Sole legal and physical custody would give you the right to be in charge of all decisions regarding your child.

The court can restrict you from moving out of state with your child in the custody order. Once the custody order has been issued by the court, typically one would need to go back to court to obtain permission to move out of state.

That said, if there is not a current court order in effect regarding your child, you can consider moving out of state with your child prior to filing for divorce. After you and your child to reside in the new state for 6 months, you can petition that states court for divorce and custody


Customer: replied 1 year ago.

Is it possible that the custody order could be one in which I am permitted to relocate?


 


In your experience, how likely is it to obtain sole legal and physical custody in a case like this? With the father being an addict?


 


Also, would my husband be able to legal action against me if I were to move out of stat with our child prior to filing?

Expert:  FiveStarLaw replied 1 year ago.
Is it possible that the custody order could be one in which I am permitted to relocate?
Yes it is


In your experience, how likely is it to obtain sole legal and physical custody in a case like this? With the father being an addict?
It is extremely likely that you would be granted sole legal and physical custody


Also, would my husband be able to legal action against me if I were to move out of stat with our child prior to filing?
It is legal to move out of state with your child provided there is not a court order prohibiting you from doing so. Your husband could potentially file for divorce in North Dakota prior to establishing residency in the new state. This would require you to return to North Dakota for purposes of the divorce proceeding.
Customer: replied 1 year ago.
If I am granted sole legal and physical custody, then I would not have to obtain the courts permission to relocate, correct?
Expert:  FiveStarLaw replied 1 year ago.
Yes usually that is the case although it is possible that the original order grants permission for relocation
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36606
Experience: 25 years of experience helping people like you.
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