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AttorneyTom, Lawyer
Category: Family Law
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My sons father is vying for partial custody of our son. I

Customer Question

My son's father is vying for partial custody of our son. I do not want to keep my son away from him. I let him see my son almost every time he asks. My son's father has a history of drug abuse, and I don't think that shared custody is the right choice. I want to be able to prevent him from seeing our son when he goes off of the tracks. With shared custody if I do such a thing then I would be violating whatever is decided by the court of law. The last known drug usage of said father was a month ago. He got drunk while my son was with him, and then after dropping my son off he went and used coke. How can I be sure that I will be able to prevent my chil'd father from seeing my son when he is enibriated or using drugs.
Submitted: 8 years ago.
Category: Family Law
Expert:  AttorneyTom replied 8 years ago.


By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.



In most jurisdictions, the main goals of the court should be to promote contact with both parents if both parents are able to act in the best interests of the child, place the child in a safe, stable, nonviolent environment, and encourage parents to share the rights and duties of parenthood. However, courts generally err on the side of protecting the children, thus making the focus of most courts "the best interests of the child." Factors courts choose to consider often include:
a. Child's gender, age, and health
b. Health, lifestyle, and social habits of parents.
c. Parent-child bond.
d. Parent's ability to raise child and provide for the child.
e. Community factors (school, home, religious, etc.) that may be altered by custody determination.
f. Child preference (depending on the state and the age of the child).

If one parent has shown himself irresponsible and unfit to share custody of the child, the court may refuse to grant such custody. In such a situation, the court may also choose to refuse to order visitation rights. Alternatively, the court may choose to order supervised visitation for that parent. With supervised visitation, the party supervising the visitation could ensure that the visiting parent is not under the influence during any visitations. Further, a court could order that the visiting parent not abuse substances during visitations or custodial situations, thus allowing the court to find the visiting parent in contempt if he violates that order.

Unfortunately, there are no guarantees. Usually, to limit a parent's visitation or custodial rights for such reasons, more than accustions are required. However, a court may usually order a drug test for a party.

Child-related matters are major factors in life. Accordingly, before taking any legal action, a person should consult an attorney who is licensed to practice in your state about this matter. While I realize that this can be a great expense, it would be an excellent investment. If money is scarce, there may be low-cost or free legal clinics available to you for this purpose. The state bar association may be able to assist you in locating those. If there are no such clinics, you may be able to work out a payment plan with your attorney. Alternatively, you may be able to seek a loan or pay your attorney via credit card. While it is possible to represent one's self, it is always advisable to have a qualified attorney's assistance.

If you do not feel that this answer fully responds to your question, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:

Customer: replied 8 years ago.
Relist: Answer quality.
I got the information you have given me from yahoo answers for free, before I had even came to this site. I want more indepth information. I believe you gave me a blanket answer. If you need any more information, just ask.
Customer: replied 8 years ago.
Although I have no proof of the times that I did revoke my son's father visitation.Here is a few instances in which I did take away his visitation rights. I had asked that he keep my son in the city that we live in. Because I want to be close by should anything, such as an emergency happen. My child's father would refuse to keep him in the town that we all live in, I said that he wouldn't be allowed to take my son until he could respect my wishes.On july 26th he used cocain, this was the same day that he had a visitation with my son. These are just a few of the situations I am scared of. I believe that he is trying to stop my ability to leave the state that we are currently residing in. Not only that but, I believe that he just wants to prevent my say in legal custody. I let My son's father see our son three out of the four times he asks. Please help
Expert:  AttorneyTom replied 8 years ago.
We cannot ethically provide legal advice/services on JustAnswer. Doing so would not be good for you and it would not be good for us. If you want legal advice/services, you will have to retain a Kansas attorney.

None of the information you will obtain through JustAnswer Legal is a secret. Everything you will find is available to the public if you know where to look and care to take the time to find it. We are an information service, rather than an advice service.

I will opt out. Maybe someone else will have some input that will please you.