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David Stewart
David Stewart, Attorney
Category: Family Law
Satisfied Customers: 125
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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I need advice on the possibility of me (the father) getting

Customer Question

Hi, I need advice on the possibility of me (the father) getting custody of my 9yr daughter if her mother and I decide to split. She is an alcoholic and I cant put up with my daughter witnessing the fights and rows that she causes all of the time. I look forward to your reply on this. John
JA: What state are you in? It matters because laws vary by location.
Customer: Ireland
JA: Has anything been filed or reported?
Customer: No not yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I will answer all of the questions that he asks.
Submitted: 1 month ago.
Category: Family Law
Expert:  David Stewart replied 1 month ago.

John - I am really sorry about the difficult times you are having with your family. All states in the U.S. look at child custody issues from the aspect of what is in the best interest of the child. When there is a spouse abusing alcohol or drugs it is most common to grant the healthy spouse full custody and then the other spouse will get some sort of visitation rights depending up how serious their condition is at that point. However, if you are healthy and request full custody of your child the court is very likely to grant it to you assuming your spouse does not fight in court. If she does, it is possible she will lie about her situation and your child will need to be assessed by a professional to assist the court in determining custody so at first I would advise you to work hard at coming to a reasonable arrangement if you can out of court so you maintain more control over the situation. It is rarely the best situation if a third party Judge is deciding issues for your and your child who you love. I hope this helps you! Please feel free to post any follow up you may have and also I am going to offer you a phone call that we can walk through all the details of your specific situation confidentialy if you believe that may help. All the best, David

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