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Drug Use and Custody
This is a question regarding the state of Wyoming.
My ex has 3 children, one of them is mine. She recently had the other two children taken
into protective custody because she checked herself into the hospital and was strung out on drugs. She is claiming all of this happened due to an "abusive relationship" between her and the x. (father of youngest child) not because of her usage of Methamphetamine while caring for two young children, 6mos. and 9yrs. She is a long time user but has never been caught.
My daughter was not taken into PC because she was on her visitation with me. We live in two different states.
I am trying to file for a reversal of custody based on her being a "bad actor" my only problem is she has hidden all of her charges for the drugs and child endangerment in Juvenile court so that I cannot see exactly what happened.
Is there anyway that she could still maintain primary physical custody with all that has happened? What would those circumstances be? Am I entitled to see the Juvenile proceedings because it effects my daughters living situation? I have a lawyer but he is very busy... otherwise I would bother him with the detail questions.
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Re: Drug Use and Custody
You haven't indicated whether it's you or your ex- who is in Wyoming, or if Wyoming has continuing jurisdiction over custody issues.
If you're in the state that has continuing exclusive jurisdiction over custody issues, you can bring a motion to modify custody in your state based upon the events you describe. If not, you will need to resolve the issues in the mother's state (which I assume is where the most recent custody order was issued). You can get temporary emergency jurisdiction in your state, but that only lasts as long as the immediate emergency - and as the child is safe and with you, and you appear to have time to bring a motion in the other state's courts (if necessary) that seems like an unnecessary complication and expense.
Your ex- is presumably well over the age of 18, so if she has faced criminal charges for drug use or child endangerment in recent years they won't be "hidden" in juvenile court. You or your lawyer can try contacting the children's case worker in relation to what role you might be able to take in the protective proceedings and what information they might be able to share with you.
If there's an active child protection case against your ex, that can be a good time (strategically speaking) to seek to modify custody as your ex- may want to avoid testifying at a hearing at which she can be compelled to give testimony that could harm her in the protective proceedings or possible criminal proceedings.
As you are represented by a lawyer, you should be following the advice of your lawyer, including before and in relation to any contact with protective services in the other state.
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Re: Drug Use and Custody
My ex is in Wyoming. That is where our original divorce decree is, it was back in 2009. We filed for emergency custody and all that in Texas in April. Our lawyer showed up without having prepared the crucial affidavit we needed to proceed, so the case was continued for a month and by then my ex had filed a writ of habeas corpus in Texas. The judge in Wyoming refused to give up jurisdiction so by default we had to send her back with her.
We have tried to communicate with the social workers in Wyoming but they tell us since my daughter wasn't there when everything happened she is not included in their current file. My daughters social worker is in a different city in Wyoming and no the two do not communicate with each other. Our lawyer told us not to call and try to talk to the social worker anymore so that we don't come off as a nuisance.
My real question I suppose is if you were her lawyer what would you try to do to help her keep custody?
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Re: Drug Use and Custody
File a petition to modify custody, assemble a case, and present it in court.
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Re: Drug Use and Custody
My real question I suppose is if you were her lawyer what would you try to do to help her keep custody?
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Re: Drug Use and Custody
If you have filed nothing in her state? Tell her to relax, because you're not taking any action to modify custody.