drugs, abuse, alcohol, injuries, mothers boyfriend (if serious enough) on and on...
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
Addictions, imprisonment, and other significant factors will be considered in Petitions to Modify Custody. However, the burden is on the petitioning parent to prove it will be in the child's best interest to remove her/him from the environment that child has been in. It can be done but it is a very high burden to meet. Any time the child is in danger the court will look at the evidence presented and base the decision on many factors . Just because one parent is having some difficulties doesn't necessarily equate to removing custody from that parent.
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