Can he get sole custody of our daughter if i test positive for Meth?

Asked about 1 year ago - Logan, UT

My ex is seeking sole custody for our 22 month old daughter. He is accusing me of using meth is the presence of our daughter. He had her tested and she came out positive. I admit that I have made mistakes, but i wouldn't do it in her presence. I am positive that I will be tested with the hair follicle drug test, I did it about 1 week prior to getting the protective order against me. I don't think I will pass this test. He has a domestic violence in the presence of of child, child abuse, criminal mischief, assault charges on his record from last year when I called the police on him. Our daughter was the one who was present when he got violent. I have always been the one who has taken care of our daughter. Will he get sole custody cause of some bad choices i have made??

Attorney answers (1)

  1. Stephen Ross Cohen

    Contributor Level 20

    Answered . No, but you could have very limited visitation and monitered visitation. Why do you think being a Meth user is ok? You do not think being under the influence or perhaps accidently exposing her to it might be dangerous? You need as much help as he does. G-d help your daughter if all this is true. Perhaps DFS or CPS will step in and take this poor child away from both of you. Sorry, but you are not acting responsibly

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Sole custody

Sole custody means that a child will only live with one parent, although the other parent often still has legal decision making power and visitation rights.

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