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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36588
Experience:  Attorney with 16 years experience
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The 3 year old is my step son. My husband has

Customer Question

For Barrister the 3 year old is my step son. My husband has full legal and physical custody of him as of July 31, 2013. His biological mother has been in states custody and just turned 18 this past december. In the short period of his life she's ran away
and left him behind 3 times. Our court order is for her to have 4 hours per month but the judge said she could get more if my husband allowed it so we let her have every other weekend. I'm just wondering what her ods of ever getting custody would be if she
tried. She has no vehicle, no job, still lives in her foster home and has never financially supported him. She also has a bad history with drugs and alcohol. She's been in 3 different lock up facilities and 3 different rehab facilities since we got custody
of him not even 2 years ago.
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
""I'm just wondering what her ods of ever getting custody would be if she tried. She has no vehicle, no job, still lives in her foster home and has never financially supported him. She also has a bad history with drugs and alcohol. She's been in 3 different lock up facilities and 3 different rehab facilities since we got custody
of him not even 2 years ago.""
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With that kind of background, I am surprised that the judge didn't order supervised visitation and random drug tests.. But once again, I would opine that with that history, the chances of her getting custody are close to zero assuming that you are providing a stable nurturing environment for the child. The judge has a duty to determine "the best interests of the child" and if you are providing a secure environment where the child is thriving, the judge won't disturb that.
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Now, years down the road once the mother gets straightened out and gets a job, supports herself, stays clean, and has her own dwelling, that could change..
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thanks
Barrister