If the mother goes to jail.....

Asked about 3 years ago - Port Orchard, WA

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for giving a 14 yr old drugs and the cops release the children to the biological father, what are his chances of obtaining custody of his children?

Attorney answers (2)

  1. Pro

    Contributor Level 18

    Answered May 16, 2010 19:43. The court tries to award custody to whichever parent will serve the best interests of the children. Usually the most important factor is who has provided the historical parenting for the children. Whoever has provided the most hands-on care (e.g., getting them up and ready for school, feeding them, helping them get dressed, working with the school, attending PTA meetings, helping with homework, getting them to bed, providing medical care, etc.). Since in our society 95% of this care is provided by women, the moms statistically win in about 95% of the custody cases. However, each case is weighed on its own merits. It sounds like the mom in your case has been arrested for dealing drugs to children. Sounds like a case of "where there's smoke there's fire." I'd bet there's a lot more going on here. You should see what you can find out about the mom's own drug use and other lifestyle problems that might interfere with here ability to provide adequate parenting. I'd say your chances of getting custody are decent. A good family lawyer can greatly improve your chances.

  2. Pro

    Contributor Level 18

    Answered May 16, 2010 19:46. The court tries to award custody to whichever parent will serve the best interests of the children. Usually the most important factor is who has provided the historical parenting for the children. Whoever has provided the most hands-on care (e.g., getting them up and ready for school, feeding them, helping them get dressed, working with the school, attending PTA meetings, helping with homework, getting them to bed, providing medical care, etc.). Since in our society 95% of this care is provided by women, the moms statistically win in about 95% of the custody cases. However, each case is weighed on its own merits. It sounds like the mom in your case has been arrested for dealing drugs to children. Sounds like a case of "where there's smoke there's fire." I'd bet there's a lot more going on here. You should see what you can find out about the mom's own drug use and other lifestyle problems that might interfere with her ability to provide adequate parenting. I'd say your chances of getting custody are decent. A good family lawyer can greatly improve your chances.

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