Would it be unreasonable to file for 100% legal and physical custody of my son if his father has been on heavy drugs, hearing voices and attempted suicide while in my son’s presence?

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Would it be unreasonable to file for 100% legal and physical custody of my son if his father has been on heavy drugs, hearing voices and attempted suicide while in my son’s presence?

He has admitted to all of this and is now in a rehabilitation center, however after this I want to protect my child physically and emotionally. How do I do this?

Asked on October 27, 2012 under Family Law, Hawaii

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Given the fact situation that you have written about I suggest that you consult with a family law attorney about the the matter and getting a change of custody as soon as possible. In fact, through the assistance of the recommended family law attorney you might consider contacting Child Protective services in your community about the child's father and concerns. The key is what is in the best interests of your child.

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

Answered 11 years ago | Contributor

Under these facts, it would not only be reasonable, but recommended.  In addition to asking for full custody, you should also seek restrictions on his visitations and ask for supervised visits.  If he has attempted suicide in front of the child, this should be a huge factor for the judge to rule in your favor.

If you don't already have a custody suit pending... then that would be your starting point.  File the suit and ask for orders that grant you custody and restrict his periods of visitation.  If you already have orders in place, then you would need to file a motion to modify those orders-- citing to these recent events as a basis for the modification.


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