if they smoke in the home and are both alcoholics.. ALSO , if he has been responsible for numerous police calls to the house involving arguments with other people in the neighborhood?
Child Custody Lawyer
If you believe they are endangering your children, you should immediately call Child and Family Services to report the problems. (800) 540-4000
If DCFS does not believe the problems are great enough to intervene, then you can make a request for order that there be no smoking in the home or vehicles while the children are present; no drinking while the children are present and for 8 hours prior to being with the children. If you can show that there is a problem, it is likely that a judge would make the order. I can't say that a judge would make the order for certain because this is a fact specific situation and because every judge is so different. Some judges brush off everything and others take such things very seriously when it comes to children. If you have evidence, be sure to attach it to your pleadings in the form of an exhibit.
Good luck. I hope you get the order as your children deserve to live in a safe, smoke-free home.
This post and any other internet postings are for informational purposes only. Internet postings are not legal advice. No comments, answers, or other postings should be taken as legal advice. Internet postings do not create an attorney-client relationship. Receipt or viewing of content of an internet posting does not constitute an attorney-client relationship. There is no representation, warranty or guarantee that postings or comments are accurate. Please feel free to give us a call at the office if you would like a formal case evaluation. Best of luck with your case. Talitha.
5 lawyers agree
Divorce / Separation Lawyer
Not exactly. You can file to have to have the kid live with you or to restrict or supervise the mother's time but you can't throw him out of the house. Sounds like you should be talking to an attorney.
Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.
1 found this helpful