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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My soon-to-be ex-husband failed his hair follicle test for

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My soon-to-be ex-husband failed his hair follicle test for METH. Should there be a problem for me to get full custody of our 3yr old daughter?
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation.

While in all honesty, it is unlikely that you will get full custody, and he get nothing---you certainly have the facts to get primary custody, a requirement that he drug/alcohol test regularly and randomly, and even perhaps that he have supervised visitation for a period of time, until such time as he can show that he is off drugs and not a threat to the safety of your daughter.

Missouri law holds as follows:
452.400. 1. (1) A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical health or impair his or her emotional development. The court shall enter an order specifically detailing the visitation rights of the parent without physical custody rights to the child and any other children for whom such parent has custodial or visitation rights. In determining the granting of visitation rights, the court shall consider evidence of domestic violence. If the court finds that domestic violence has occurred, the court may find that granting visitation to the abusive party is in the best interests of the child.

So, while you will almost certainly be granted primary physical custody and continuing drug testing, the judge will be bound by statute to try and make sue that some visitation is granted---even if that visitation is ordered supervised by an adult approved by the court.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2012,

Doug
Customer: replied 4 years ago.


Is that considered joint custody? What kind of visitations are typically given with something like this?

Hi Candi,

Under MO law, there will probably be Joint legal custody awarded. In that instance it means that you and the father will share the decision-making rights, responsibilities, and authority relating to issues concerning the health, education, and welfare of your daughter.

However, as to physical custody---I would expect that you would be awarded what is known as Sole Physical Custody. Sole physical custody is when your daughter would reside with you, but the father---the non-custodial parent---would have specific visitation rights which would be set out in the court’s order. In your circumstance, you will want to ask for limited visitation, no overnights, and only supervised visitation.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Until you rate me highly for my service, I will not be credited with helping you. Would you please rate me now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Doug
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