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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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Im wondering if I have a real shot at getting custody of my

Customer Question

im wondering if I have a real shot at getting custody of my two kids from my ex. She has been in and out of AA and rehab for alcohol the last 10 months and I have helped her get in both times. She has relapsed again and is hnging around bad people and the guy she is seeing is also not a good guy. She sent me a text asking me to kill him back in May, I just don't feel my kids are safe with her right now. She also always has someone at her house on the two nights she actually takes the kids that is drinking with her. My 11 year old daughter knows mom is not supposed to be drinking so took pictures of all the beer in the house and took a sip out of the cup her mother had and it was beer.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: ca
JA: Have you talked to a lawyer yet?
Customer: yes.....we are trying to get emergency hearing , but im concerned about letting kids go back there. I want to help her, but she is choosing to keep drinking
JA: What advice did they give you?
Customer: we are just curious if this is something I need to really pursue
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Based off of what you are saying, it seems like you have a very strong case to get full custody of your children. The standard the court uses in making this decision is figuring out what is in the best interest of the children. The biggest issues in making this consideration are whether a parent is abusive (physically or emotionally) or whether the parent has a substance abuse issue that would put the children at risk (which seems to be the case here). You should file an Emergency Motion for Temporary Sole Custody.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

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