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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My sons father is the noncustodial parent. He recently filled

Customer Question

My son's father is the noncustodial parent. He recently filled out an application with the court to have my son live with him full time. I suspect that my son's father smokes marijuana and he doesn't have his own place. he lives with his girlfriend. We sat in front of a mediator and could not reach an agreement. Now we have to wait for a judge to decide. Can he take my son away from me that easily.
Submitted: 8 years ago.
Category: Family Law
Expert:  Ely replied 8 years ago.

I'm very sorry about your situation, but I have some good news that might help you.

The courts decide who gets custody based on the rule of thumb of "what is in the best interest of the child." This means who does the child relate to the most, who can provide the most stable environment, who can better support him financially, will the child have to switch schools, etc.

If he doesn't even have his own place, that's already a big minus for him. Also, if you think he does drugs, you can petition the court to have him take a mandatory drug screening before the court decides.

Please press ACCEPT and we'll continue - I can show you a sample motion to submit to the court for the drug screening, as well as give you the legal steps, etc.


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