My daughter has been divorced for 2 years. She has a decent job and has had primary custody of her 3 year old son. In the last year her drinking became a problem. No DUI or arrest but family members were concerned. She checked herself into an inpatient recovery program two months ago. She is like a different person. Strong and happy. Her ex husband took care of her son during this time and got emergency primary custody. He does not want to give up primary custody. Does she have a chance to get primary custody back? The court date is in April.
The answer to this question is fact-intensive to your daughter's case and ultimately will be decided by the Court. My advice is to retain an attorney if your daughter has not done so already.
I agree, your daughter should obtain the best attorney she can afford. If he only has custody on an emergency basis and primary custody hasn't been Ordered as a final Judgement her chances are better but without knowing more facts of the case I can't make the best recommendation. I would ensure she has expert testimony regarding her recovery and stability. In my opinion she will need to provide the Court with ample proof of her completion of the program and her recovery. The Court will always look for the best interest of the child.
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