What are my chances of filing and getting custody of my little girl?

I’m considering a divorce and have a 3 1/2 year old daughter. I’m her father and father and have been the victim of domestic violence on 2 occasions. I feel that my wife and mother of our only child is too abusive and cruel to our little girl. She’s taken off in the middle of the night 3-4 am drunk with our daughter, come home started fights with me, used foul language towards myself and daughter, driving around our child with no car seat. She lays in bed until noon sometimes just letting our daughter run around taking care of herself without a care. I’ve grown tired of this and tired of arguing with her.

Asked on June 4, 2012 under Family Law, New Mexico


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written here it sounds as if you have good shot of being the cutodial parent.  Courts have a hard time terminating parental rights but I do not think that is what you want.  I think that you want to be the one who physically has her most of the time giving your wife visitiation.  But given what you have written here i would ask for supervised visitation and no driving.   Please get help.  Soo.  Good luck. 

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