Skip to main content

Can I request an emergency custody hearing if my ex-husband was arrested for doing drugs?

Fairfax, VA |

My ex-husband and I have joint custody. He was arrested in NC last week for possession, dwi, and hit and run. He is out of jail and is now in VA trying to get his visitation with our daughter. Court date isn't until May. Can I file for an emergency custody hearing since he is abusing drugs again? He was least I thought he was. Will VA award me full custody based on his drug abuse and outstanding arrests and possible warrants in SC. He had a multi-state crime spree.

Would I go through the emergency custody channels for a temporary custody agreement? What if he has a prior DWI(downgraded to reckless driving) in VA ? I can't for the life of me figure out what VA believes is a safe environment for a child. It's so disconcerting that I have to fight to keep my child from an addict and still may end up in contempt....and thank you so much for your response Mr. Robinson

+ Read More

Attorney answers 1


Unfortunately, its only an arrest which is not a final finding, so most courts will not permanently change custody or visitation at this point. However, once he's convicted, that's a different story. Also, at the present time, you may well get a temporary change of custody and visitation for the benefit and safety of the children.

Good luck.