Can I lose custody of my kids if I am in a different state in sober living?

I’ve been in Fla for rehab 3

months. My wife filed for

divorce but there is inactivity

so it will be dismissed in NJ.

I have full custody of kids

which I’ve had for 8years due

to her many stints in rehab and

mental health stays. Up till

recently I have no history of

alcohol addiction. I have had

no contact with kids or her

except for money. She has said

I need at least a year to get

well. I feel as if she trying

to get custody. Twins 13 yrs

old

Asked on June 22, 2018 under Family Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you have custody of the children, as you indicate, but you have left for another state and "have had no contact with [the] kids" for three months, then yes--you could lose custody of them. As the custodial parent, you are supposed to have your children with you and take care of them, but you are not doing that. You abandonment of that responsibility could potentially lead to you using custody.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you have custody of the children, as you indicate, but you have left for another state and "have had no contact with [the] kids" for three months, then yes--you could lose custody of them. As the custodial parent, you are supposed to have your children with you and take care of them, but you are not doing that. You abandonment of that responsibility could potentially lead to you using custody.


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