Family Law Questions? Ask a Family Lawyer Online.
Good afternoon. Has your son tried taking them back? How long have their lived with you?
Thank you. If you want to gain custody of the children, you would need to petition the court and have it ordered. As the moving party, the burden would be on you to show it is in the best interest of the children, to be in your care and custody and not that of the father. In this case, the drug use would be key. You want to gather and present evidence to show the Judge that the father is a drug user and can not properly care for the children and could pose a risk, threat and danger to them. As such, until he cleans up his act and can properly parent, the children should be retained by you.