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My ex called me this morning saying that my daughter cannot…

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My ex called me...

My ex called me this morning saying that my daughter cannot be there right now bc her brother (my ex's) was apparently high on something and/or drunk, stole his mothers car and wrecked it. My ex would use her mother as a babysittter. Would this be a case that I'd be able to win to have custody..what can I do

Lawyer's Assistant: What state is this in? And how old is the car?

Texas and no clue on the year of the car

Lawyer's Assistant: Has anything been filed or reported?

On my part? All I know is my ex was saying that the police were on their way and possibly paramedics

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's all I can remember of the conversation

Submitted: 1 year ago.Category: Family Law
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Answered in 4 minutes by:
8/4/2017
Family Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,152
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about this situation. It might be a difficult case to prove, but it could be something that you could use in a request for modification of custody. You can make the argument on two separate points. The first point of the argument would be that your child is around somebody that is using drugs and alcohol. This often is in contravention to the court wanting to protect the best interest of the child. In addition, you could say that it is not your ex that is watching the child, but it is another caretaker who is not reliable. If the caretaker does not have the appropriate transportation, and coupled with the fact that there is a drug user in the house, then there is a good chance that your request for modification would be granted. It may not win you full custody, but it may force the court to institute supervised visits with your ex or it might grant you more time. You just may need to make sure that you have enough proof. One of the things that you may want to do is see if you can get a police report to help prove your case as well.

Although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually. ask you

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Family Lawyer: Legal Eagle, Lawyer replied 1 year ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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