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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27688
Experience:  Attorney with experience in family law.
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My kids are miserable when they are at their mothers house.

Customer Question

My kids are miserable when they are at their mothers house. She drinks, almost in excess. Uses foul language, isolates herself in her room while she has then do all of the household chores all while sitting in her room watching tv and smoking in the home. My children have attempted to talk to their grandmother, my ex's mother. She just makes excuses or tries to defend her drinking for the kids having poor behavior. My kids are by no means perfect kids, but they are good kids who stay out of trouble, get good grades and are well rounded children. I would talk to her myself but I truly believe it would do absolutely no good and actually make my kids situation even worse at home. Please help!!!
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
Do you currently have a custody order in place?
Customer: replied 1 year ago.
I have my kids from Wednesday afternoon until Saturday afternoon every week
Expert:  Lucy, Esq. replied 1 year ago.
Thank you.
With an existing order, you can file a Motion for Modification based on a material change in circumstance. Let the judge know that your ex's drinking has increased significantly since the order was entered, and explain how it's affecting the kids. Depending on how old the children are, they can testify that they'd prefer to be with you full time (anything over 6 is probably old enough).
You can also request that the mother be required to seek treatment for her drinking and that she only be permitted supervised visitation until she can prove that she's well.
Kentucky doesn't post statewide modification forms on their website, but call the courthouse where the case was heard originally and ask if they have any. If not, you may be able to find what you need on www.uslegalforms.com or www.legalzoom.com.
If you don't want to go straight to court, you could try having a lawyer send a letter that you're going to seek full custody if she doesn't make efforts on her own to improve. Or you can send that letter yourself. But you'll need a court order to get the kids to stay with you all the time. if you believe the kids are in danger, talk to a local attorney about filing an Emergency Ex Parte Motion for Temporary Custody.
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