There is no hard and fast rule with regard to child custody and drug use by a parent. Evidence in child custody cases is difficult to maintain and there are many rules which can be used to exclude evidence. Plus, there are many factors that a Judge will use to determine child custody and what is in the child's best interest. You probably have a good chance of getting sole custody but it really depends on the type of evidence and how much evidence you have. If there is potential that the child is in an unsafe environment, then I suggest to file something quickly or notify the State that the child is in danger.
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It would depend on how strong the evidence is, what are the circumstancing of the drug use (is the child around, how often, etc.), and what other evidence is presented. It is certainly something you should tell your attorney about so they can choose how to properly act on this information.
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C. Curran Coulter II, J.D.
Attorney and Counselor at Law
THE COULTER LAW FIRM, LLC
222 S. Central Ave., Suite 600
St. Louis, Missouri 63105
Office: (314) 721-1116
Fax: (314) 862-1366
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.
Courts prefer that both parents have meaningful and ongoing contact with their minor children. They base custody and visitation orders on what is in the best interest of the child. If you have solid evidence from a first hand source that your ex is doing drugs and that it is endangering the child you have a shot at sole custody with supervised visitation. But the evidence must be strong.
Nothing in this response is legal advice, nor does this response create an attorney-client relationship. It is for educational and informational purposes only.
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