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KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4219
Experience:  13 years of experience practicing law.
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im a married man and my wife wont stop doing drugs. Ive caught

Resolved Question:

im a married man and my wife wont stop doing drugs. I've caught her several times doing it around my 12yr old daughter. I am not her biological father but she knows me as her father and my wife and i have been toghether since she was 3. I want to leave but my wife threatens me for child support and alimony. the reason i havent left is because i just dont want my daughter to take on her mothers bad habits. please give me some advice on what i should do. Thank you.
Submitted: 7 years ago.
Category: Family Law
Expert:  KimberlyLaw replied 7 years ago.
Hello, I am happy to answer your question.

I am sorry to hear about your situation.

You have a number of options here, and they are all quite different. I assume that you are not the legal guardian of her daughter. You can ask the court for an order of protection for the daughter because you are worried about her safety. You may need to get her real father or another family member like her grandmother to file the paperwork in court. Then the daughter could be taken out of the home and placed with either the father or other family members.

You can also try to see if you can get guardianship of the daughter and then move out with her. This is more complicated and would require the father to participate in the proceeding. Under the circumstances I can't imagine that the court would find that the child should stay with the mother. The problem is that the judge might not decide that she should go with you, she may end up with the father.

Either way, it does sound like it is in the best interest of the child to leave the home with the mother, and that is the standard that the court will use.

I hope this helps, and please ask if you need clarification.
Take care,
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