Question: I am writing with a child custody question. My wife has custody of our kids and I have visitation. But I think I need to get custody of the kids. My wife is now drinking a lot around the kids and she smokes pot in the house when they are there and my daughter told me that she has men stay overnight. It could be different men during the week. Our child custody agreement is that men are not supposed to stay in the house overnight when my kids are there.
But it's the drinking and marijuana that are the big problem. I was told that she'll sometimes sleep on the kitchen floor or in the living room because she gets so drunk on wine and flavored vodkas that she can't climb the stairs.
My son says that she smokes pot and then just forgets about him. She even left him in the bath for 3 hours because she was too high to remember where he was. She actually called me to ask me where he was; I told her he was with her. Then she laughed and hung up the phone.
I'm really worried that she'll get another DUI with the kids in the car. Or maybe she'll forget about them and someone will be injured.
I need to know if I can get custody of the kids based on the Georgia child custody laws. I live in Alpharetta.
Answer: A judge will decide child custody based upon the best interests of the child. That standard is meant to give judges latitude to look at all the relevant facts and circumstances of a situation and to make a judgment based upon what he or she thinks would be best for the child.
If you can demonstrate that your wife is, in fact, a hazard to the children, then custody can be modified. Certainly, if a drinking and/or drug problem rises to a level that threatens the health and well-being of the kids, a judge is likely to change or modify child custody arrangements.
Have child custody questions? When you need to speak with skilled, highly-qualified and experienced child custody lawyers in Alpharetta, The Sherman Law Group is here for you. We will answer your questions about the child custody laws and your custody agreement.
Please call us at 678-215-4106 for a case evaluation. We look forward to speaking with you!
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