If my ex-wife was arrested on possesion charges and had our child with her when she was arrested, is this enough evidence to get custody of my child?

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If my ex-wife was arrested on possesion charges and had our child with her when she was arrested, is this enough evidence to get custody of my child?

Asked on August 26, 2012 under Family Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The standard for deciding or modifying custody is "what is in the best interest of the child."  If she is arrested for drugs with the child in the car, you have a very good argument for modifying custody to get full custody.  If you do nothing, knowing that she possessed or uses drugs aroung your child, then you will waste an opportunity for custody... you will also create a black mark against yourself in that you did nothing to bring it to the court's attention.  Talk to a family law attorney about filing for a modification.  You may also want to make an open records request for her offense report so that you will have info on who arrested her in the event their testimony is needed for a hearing later.


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