I have sole legal custody over my 7 year old son. I have several questions: a) He has used drugs in the past and I suspect that he is using again can I request that the court perform a follicular drug test b) He is verbally and mentally abusive towards me in front of our son and refuses to wait until my husband get home from work to pick my son up,can I get a restraining order against him? c) Can I move out of state with sole legal custody? If not what type of custody do I need to do so?
Any advice you can give me is greatly appreciated, Thank You
Your questions are complicated and fact specific. They do not easily lend themselves to this forum. I would need to review your existing documents, agreements and court orders. I will gladly discuss this matter with you. You can call me at (516) 368-2484.
I agree with the previous answer in that your question will require additional information for an attorney to properly advise. In general, non-specific terms, however, I can provide the following background knowledge:
a) If the child's father has visitation or some form of custody with the child, you can bring your concerns to the court by petition. You can ask the court to suspend visits, implement supervised visits, modify visits, make visitation dependent on drug testing, etc. The court will decide which action needs to be taken in light of your petition, and the other party will have the opportunity to defend against your claims.
b) Abuse can also be alleged by a family offense petition which may result in an order of protection. First, the court may issue a temporary order while the case is pending, and then may issue a long term order after the case has been processed in court and the other party has had the opportunity to be heard in defense of your claims.
c) Re-location depends on a number of factors and more information is needed.
It is best to meet with an attorney in private in order to evaluate your specific course of action and likelihood of success.
The answer provided by attorney is for informational purposes only and is based on limited information. This response to the posted question is NOT meant to take the place of specific, private legal advice from an attorney in person at a full consultation with full disclosure. This information creates neither an attorney-client relationship nor attorney-client privilege.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline