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  1. #1
    Join Date
    Jul 2014
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    Default Modifying Custody After a Parent's Felony Drug Arrest

    My question involves a child custody case from the State of: Ohio

    Hello everyone. Me and My ex-wife divorced in 2010 and we had a son, whom at the time was less than a year old. At the time of the divorce, we devised a shared parenting plan with 50/50 time. Fast forward to 2013, my ex-wife had begun to date a guy and she got into a drug habit, including but limited to heroin. She was never arrested for drugs, but admitted a drug problem. She also was arrested for theft twice within a period of two weeks. I went to court looking for full custody, however the judge would not grant it. He sent us to mediation and after a lengthy process I was the "custodial" parent, meaning my son lived with me Monday-Friday and only stayed at his Mother's on the weekends, but we still had "Shared" parenting. Fast forward approximately a year later to today, and ex-wife was arrested for trafficking heroin, a felony of the 2nd degree.

    My question is this: Can I get full custody? Meaning, I want to be the sole, legal guardian of my son. One can only assume she is going to prison for a decent amount of time. But, in case she's able to bond out or something while trial is pending, I don't want my son around her. What I would really like to do is terminate her parenting rights, period. Is this possible? Thanks for all answers and advice!

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Son's Mom Arrested for Trafficking Drugs, Can I Get Full Custody

    I strongly suggest you adopt the "let's see what happens" method.

    It is incredibly difficult to actually have the state terminate a parent's rights. It's far more likely that you could obtain supervised visitation.

    That assumes she's actually convicted, naturally.

  3. #3
    Join Date
    Jul 2014
    Posts
    2

    Default Re: Son's Mom Arrested for Trafficking Drugs, Can I Get Full Custody

    Quote Quoting Dogmatique
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    I strongly suggest you adopt the "let's see what happens" method.

    It is incredibly difficult to actually have the state terminate a parent's rights. It's far more likely that you could obtain supervised visitation.

    That assumes she's actually convicted, naturally.

    Really? It really is unbelievable to me that the State would allow a young child to be put in that situation. I was disappointed last time when she openly admitted she had a drug problem and I was only able to get Monday-Friday and he still had to go to her on the weekends. I'll be extremely disappointed if I'm not able to at least become sole legal guardian of him this time. The situation is ridiculous and she's not a fit parent. Nor will she ever be. As a law enforcement officer, I've been disappointed in the courts several times in my career, but never more disappointed than domestic relations courts. Especially when they are supposed to have "The child's best interest" in mind.

    Thanks for the reply!

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Son's Mom Arrested for Trafficking Drugs, Can I Get Full Custody

    I don't think you're understanding the terminology.

    Sole physical, as well as sole legal, does not get rid of the other parent, nor does it get rid of any visitation rights unless a court specifies such.

    You'd be amazed at how many convicted felons (and even sex offenders) can not just have visitation with their children, but also have primary custody.

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