I'm in a custody battle with my ex over my son. It started over a verbal argument me and my husband had-claiming he was going to kill me and my son. I know he often says things he doesn't mean and just said it to make me mad. I told my mom in anger at the moment (big mistake) who told my dad and my dad called my ex. Now since the end of Jan. had to get a psych. evaluation, individual counseling, marriage counseling, anger management for hubby (we had a DV last May-not sure who called for it), and drug and alcohol treatment since he was drinking during the DV. Anyways doing all that and never got any of the court requirements in writing-example: hubby is gonna try to do anger management individually since he has social anxiety but JFS and the GAL-none can tell me if that work or exactly...what is required in the eyes of the court. If we do all the court requirements, what are our chances of regaining custody? The guardian and judge both I think are biased against us and we are doing all we can but scared this will drag on, all over a verbal argument. Sure we have our problems but working on them and my ex also had a DV on his record and other charges but they claim his "are in the past" but not my husbands. We got into a verbal argument with the kids at his mom's and argued outside and a neighbor called the cops and now JFS is filing a complaint for me and my husband's daughter so that we complete the court requirements and held accountable and also took our income into consideration since he is still looking for a job and I work part-time. If he gets a job and we do all the court requirements, how long does it usually take to regain custody?
Under the rules of superintendence which govern these types of cases, if custody was removed on a temporary basis, the court will give a certain latitude to rectify the situation at home, usually no more than over a period of about six months if the matter is not serious, up to 18 months as the court considers the matters to be more serious, but, of course, if the child is placed with a relative, then the Court can close its case and make you refile to regain custody.
Let me put it to you this way – the faster the Court is satisfied that you are moving through the objectives set for you by the Guardian, the faster you will get your custody restored. Generally, the Court sees Domestic Violence and alcohol and drug issues as an explosive mix. Talk to the Guardian ad litem, and solicit his or her input. Good luck.
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