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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex husband is smoking pot and drinking while my kids are

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My ex husband is smoking pot and drinking while my kids are in his custody. What are my options to protect my kids?
Thank you for your question.

Do you have proof or outside evidence of his smoking and drinking? Do you have pictures, images, and did you keep the pipe once you found it?

What type of custody do you currently have between one another? When was the order put in place?
Customer: replied 6 years ago.
NoI did not keep thte pipe or take pictures. Did not say anything to him so not to ruin kids Halloween.
custody is joint from 5.5 hrs ago.
My apologie son not being clear--when was this order put in place by the courts?
Customer: replied 6 years ago.
Divorce has been somewhat amicable although I am always monitoring for sign of drugs and alcohol abuse, it is one of the reasons we divorced.
Thank you for your patience.

The reason I asked about your custody is because I wanted to be sure that this order was put in place a while back, as that may make it easier for you to pursue sole custody, should you decide to do so.

Because you can claim that your husband is acting in an unfit manner, what you can do is withhold the child from him on his next visitation and file for an emergency custodial order based on fitness. The way to do so is that you must contact your local courthouse if you moved, or the courthouse that put in place your original order and ask to speak to the file clerk. Explain the situation and state that you need to file "pro se" for an emergency guardianship order. The clerk will be able to provide you with the forms. File them and wait for an emergency hearing. Until then, you are free to withhold the child from the other parent.

Good luck.

Edited by Dimitry Alexander Kaplun on 11/1/2010 at 3:29 AM EST
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