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

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. 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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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