My husband should not have custody of our daughter

Posted by William H. Sherman on Sep 22, 2015 | 0 Comments

Question:   I don't think my ex-husband should be around my 7 year old daughter.  We share custody but my daughter has told me that my ex-husband is drinking in front of her and is smoking “smelly cigarettes.”  She said he makes the cigarettes himself.  I think he's smoking pot around her.  When we were married he smoked al lot of pot and even did cocaine.  Two nights ago my daughter said that he was putting something in his nose.  I think I know what she's talking about.

He even went to rehab about 7 years ago.  That was when his drug use was getting out of control with meth and even heroin.  He said he'd stop, but he never really did.  I know he parties with his college buddies from the University of Georgia and Lanier Tech.  They do drugs in the bathroom at Atlanta Braves games.

I don't want my husband having any custody of her.  He's a bad influence.  At night he spends time at strip clubs and he gambles a lot of money.  I need full custody of her.

What do I need to do to get custody?

P.C. in Milton, GA

Answer:   To get custody of your daughter, you will need to demonstrate that it is in the best interests of the child.  That is the standard (“best interests of the child”) that a court will apply.  You need to demonstrate with evidence that he is doing egregious things like using illegal drugs around your daughter.  If he's using drugs when he has custody of your daughter, then your child could certainly be in danger.  And that could, of course, warrant a change of custody.

Evidence of his activities can include photos, video, email, texts and testimony of what was seen. 

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Questions about child custody or divorce?  We can answer them for you.  Having served as a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney has provided us with tremendously valuable experience.

We at the Sherman Law Group welcome all questions and try to answer as many as possible on our blog.  If you have a question, email it to us and we'll do our best to answer it.  Of course, no names will be used.  Please call us at 678-215-4106.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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