Can I lose custody of my kids if I am in a different state in sober living?
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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 5 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 5 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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