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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption