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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16367
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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my sons mother and i have joint physical and legal custody

Customer Question

my sons mother and i have joint physical and legal custody of our son. i am in another relationship and currently have another child. my ex just married a man whom i found out to have a warrant for his arrest- somthing to do with illegal firearm intent to distribute. She knowingly married this man who is now my sons stepfather. to top things off, he sells marijuana out of the house and my ex and him are constant alcoholics who drink around my son and think it is funny to blow cigarrette smoke in his face. I have tried contacting CPS but the called before the came and the place had been significantly cleaned up-- not to mention that she was with someone else at the time. is this grounds to obtain full custody of my son?
Submitted: 7 years ago.
Category: Family Law
Expert:  Legalease replied 7 years ago.
You have grounds here to request a hearing in court to ask for custody of your son. However, you are going to have to try to gather some evidence of all of these activities going on to show the court that your ex is an unfit mother and it will be in the best interests of your son to have him placed with you as the custodial parent. Are there any friends or relatives who have witnessed her behavior (such as the smoke) that would be willing to come into court and testify to having seen these things happening? If you are unable to gather the evidence that you need, you are going to have an uphill battle in convincing the judge to change the custody arrangement.