If my wife has threatened to take my kids away 4 times now since our divorce, do I have any legal recourse if I feel that she is on drugs?

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If my wife has threatened to take my kids away 4 times now since our divorce, do I have any legal recourse if I feel that she is on drugs?

We divorced 9 months ago and our paperwork was done through an on-line process. It was a pretty clean divorce but since then if she doesn’t get her way she threatens to take our 3 kids away from me. I feel that she may be on drugs and if she threatens me again I would like to pursue full custody. She has also been diagnosed with depression twice in our marriage. I am worried about the welfare of my children and only want what’s best for them.

Asked on September 26, 2011 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

If you feel that the children are in any danger what so ever you need to seek help from an attorney to modify the agreement that you entered in to on line and to seek custody of the children "in their best interests."  That is the key to how the courts will evaluate the situation and the key to their placement of the children for custody determinations.  They look at many factors and endangering the children by being on drugs, etc., is definitely a factor that they will look at.  Threatening you is just your ex wife's way of dealing with YOU, not the kids.  She is obviously angry and trying to manipulate you using the kids.  Seek legal help here please.  And bring the documents with you. Good luck. 


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