Can my daughter's father get joint custody if he has drug trafficking criminal record , and documented subtance abuse

Asked over 2 years ago - Atlanta, GA

My daughters father is seeking legitimation/ joint custody. He does pay child support however he's not consistent in spending time with her. The inconsistency has led to her not always wanting to see him or and latching onto my legs begging not to go with him, especailly overnight.I have given her a stable home life that is safe. His tenative visitation plan with bring all of this stability to an end. His plan fits his needs and not the best interst of our child. He was has severd time in a fed. prison for drug trafficking, and has prior histoy of substance abuse. Based on evidence and his lavish life style I suspect that he is dealing drugs again. I fear for her safety. Should i get a lawyer and try to limit his visitation and custidy request. Dads have rights, but what about moms!

Attorney answers (2)

  1. Ikemesit Amajak Eyo

    Contributor Level 18

    Answered . In Georgia, courts are concerned with the CHILD'S rights (not those of the mother or the father). As such, visitation will only be limited, or denied, if you're able to successfully prove that the child is better off spending little or no time with her father. Yes, prior felony convictions and substance abuse are bad. However, a child does not get denied a parent because that parent's history is bad - Is he CURRENTLY trafficking or abusing?

    You should do whatever you think is in the best interest of your child. If that is attempting to limit visitation, then you should hire an attorney to discuss your concerns and strategy.

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more
  2. F. Peter James

    Contributor Level 12

    Answered . You should seek legal advice from an experienced family law attorney in your area.

    In determining custody, courts universally look at what is in the child's best interest. Drug use, let alone trafficking, is a huge negative. Having a felony record does not look good for the father at all. A good attorney will make the father prove his legitimate income can support his lifestyle. If successful, it will be clear that the father is engaged in illegal matters. This is how the feds took down Al Capone.

    Parents have rights, not just fathers and not just mothers. Courts are pragmatic and look to the child's best interest. Best of luck to you.

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