My wife abuses alcohol and drugs (marijuana) and has a history of substance abuse, three DUIs, jail time, mother and father are alcoholics. She recognizes she has a drinking problem but feels she has it under control (she does not). She also doesn't see a problem with smoking marijuana and often leaves evidence in plain view around the house where our 2-year-old daughter can see it. She also smokes in the house several times a day while our daughter is in the house. I want to know if my chances of winning sole custody are significantly increased by these circumstances.
The Court will consider many factors including those you listed in determining the best interests of the child. Excessive drinking and the smoking marijuana around the 2 year old if proven in Court will help your case.
I recommend you see an experienced custody attorney in your area who can assess your case better. This is the type of case where the appointment of a GAL, attorney for the child, may be very helpful.
Criminal Defense Attorney
If the mother is abusing illegal substances and has a drinking problem, that poses an immediate danger to your child. Talk to a child custody attorney right away. They will know what to steps to take to make sure your daughter is safe, and help you to build a case for custody.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
You need to speak with an attorney immediately. The conditions you describe are horrible and the court will certainly not tolerate them. There is not acceptable level of drug or marijuana use under the law. I can not see how her drug and alcohol use will not be a major factor in any child custody hearing.
Responses on AVVO do not establish an attorney-client relationship. Answers should be considered for informational purposes only. Please seek the advice of counsel in your local area prior to initiating or responding to any legal actions.