Maria - posted on 04/05/2016 ( 2 moms have responded )




Hi Everyone, So just to give you a little history. I have a 7 year old daughter. Me and her father are divorced and no longer together. Her father and I were together for almost 10 years. When my daughter was 3 years old we separated and got divorced. I have 100% physical Custody and we have 50/50 legal custody. There is no order for visitations or child support. Visitations is just based on verbal agreement between the both of us and child support agreed on a verbal amount.

I do have a boyfriend we've been together for 2 years. We do not live together. He and my daughter get along great.

Bio dad (Lets just name him "Josh") does have a livein GF whos he has been with for 4yrs.

So back to where the story begins..... I would say maybe 3-4 years before having our daughter, I was ready to leave Josh and that is when he confessed to me that he had been using meth for about a year. Hence the behavior that he was displaying at that time. I've never been around people that did drugs and didn't know what the signs were at that time. I remember that first thing I had him do was delete the numbers of people that he knew did or sold drugs and then he stayed away from the people that he did drugs. From that time up until recently he had remained sober....

Today Josh texted me confessing that he will be entering rehab tomorrow. He confessed that he had been using meth and cocaine. I had a feeling that he was using some type of drug but I wasnt for sure. I had asked him straight out before and denied he was using. It was hard to tell this time around only because I wasn't around him all the time and only saw him when he picked up my daughter. I noticed he had lost weight but his girlfriend was dieting and exercising so I figured it was from that. It was the nasty scabs on his arms that made me question or made me think that something may had been going on. My daughter was always with his girlfriend. She is awesome to my daughter and I have never had any complaints about her. Im not sure how long he has been using this time. Ive been texting him and tried to call him and he hasn't responded yet.

The first time we didn't have our daughter but this time its different there is a child involved.

I plan on contacting his GF to speak with her. He stated that he did tell her about the drug use. Im not sure if she just found out or if shes known. he also stated that he has informed his work as well. He pretty much needs to complete the rehab if he wants his job back is what it sounds like from what he is saying. Rehab he said can be from 15 - 30 days.

I was already filing paperwork for child support because he has not paid in the last 2 months and even before that I would have to be on his ass about paying which I got tired of doing also. This was already typical behavior from him.

So my question is if I get an attorney would they give me 100% legal custody of her. Would I then have to file some sort of visitation order in place to have random drug tests done on him. If he completes rehab do I have to let her see him right away?


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♫ Shawnn ♪♫♫ - posted on 04/06/2016




You need an attorney, not internet advice.

We don't know the laws in your state, and we only know your side of the story.

Ev - posted on 04/05/2016




You need a family law lawyer to explain to you the law in your state and answer your questions. There is no way for us to tell you or the lawyer to tell you that you would have 100 percent legal custody of the child at this point and time. Only a judge would be able to do that and you would have to have proof the boyfriend was a danger to the child to get custody fixed to just solely you.

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