If I want to gain sole custody of my 4 year old, what will I have to do for the court to rule in my favor?

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If I want to gain sole custody of my 4 year old, what will I have to do for the court to rule in my favor?

My daughter’s father smokes marijuana around her, he also sells drugs to make a living but just enrolled in a G.E.D program (he’s 21). Yes, I used to smoke as well but I have now been clean for several months and I can pass a drug test to prove it. I’m 19 and just received my high school diploma. I receive food stamps and am currently enrolled in a Home Health Aide training program, job placement is guaranteed after graduation. I plan on getting an apartment as soon as I have enough cash saved up. I currently reside with my father and he helps me financially support my child.  

Asked on May 19, 2012 under Family Law, New York

Answers:

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

Answered 8 years ago | Contributor

You sound like you have gotten things together and it commendable.  It is also great that you have family around you to support and help you.  I am assuming that you have joint custody at this point and that you are the custodial parent with her father having visitation , correct?  Is it that you want to limit his visitation to possibly supervised or some other scenario?  The courts determine the issues with custody and visitation "in the best interest of the child." They do not tend to limit parental rights unless you show that it would be detrimental to the child.  I would speak with an attorney in your area. Good luck.


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