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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22966
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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What do I need to do to get 50/50 custody back with my

Customer Question

what do I need to do to get 50/50 custody back with my children,I went through rehab earlier in the year and lapsed a week before xmas,Im am now working on my sobriety and attending AA meetings,and going to another rehab..we haven't had a court hearing yet,but its not looking good for me. is there any length of time you need to be sober before you can reapply for custody in the courts desperate to get my kids 6 months long enough,,if i can prove through regular screenings and blood tests to show i haven been drinking ,icna do it weekly and can continue as long as it takes?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Im actually in New Zealand ..
JA: Has anything been filed or reported?
Customer: yes my X husband has taken my kids on a urgent interim until the first meeting with a judge in March
JA: Anything else you want the lawyer to know before I connect you?
Customer: I went though rehab and lapsed a week before xmas and has a seizure
Submitted: 8 months ago.
Category: New Zealand Law
Customer: replied 8 months ago.
I am 100% dedicated to being sober and getting my kids back,I just don't know how long I have to be sober for,if i can show blood test before i can reapply for 50/50 through the court
Customer: replied 8 months ago.
is 6 months doable or do you think a year with keeping a diary of all the meetings i have been to and getting regular blood tests and being proactive in my sobriety
Customer: replied 8 months ago.
happy to keep getting blood tests weekly and installing my car with alcohol device
Expert:  Chris The Lawyer replied 8 months ago.
You will need to start with supervised contact as the next step, and work towards equal parenting. The steps to sobriety are the basis for supervised contact, and as you continue to stay sober you can then negotiate longer contact without supervision. It's perhaps best to work more gradually back to equal sharing rather than just wait and apply so you can show a pattern and history of good parenting and sobriety. That may be frustrating and slow but it's the best way forward in my view
Expert:  Chris The Lawyer replied 8 months ago.

You need to show between now and March that you are sober and can have the children under supervision. Then you can talk to the judge and try to increase after that time.

Customer: replied 8 months ago.
I do have visitation once or twice a week,but I want to get them back 50/50 custody,as i live remotely and its not always easy to find someone to come and be the supervisor
Customer: replied 8 months ago.
What is a doable time frame for applying for 50/50custody if I can show that I am sober and attending meetings regularly and getting tested regularly with a alcohol device put in my car and going to as many meetings and doing out patients at a rehab ?
is 6 months doable or do you think more like a year to prove that i am clean and sober and a good parent ?
Expert:  Chris The Lawyer replied 8 months ago.

Until the next hearing in March you wont be able to increase the visits unless your ex husband agrees. So you must concentrate on meaningful time with the children, and demonstrating your sobriety. I realise this is not easy but its the only option until then. I hope you are getting counselling as well, because that will important to show the judge you are dealing with your issues