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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