Question:
Custody battle over 6 month old baby - Father on drugs?
Katie J
2010-10-05 02:04:31 UTC
I left my daughers father when i was 7 months pregnant due to him smoking copius amounts of marijuana and getting drunk every day. I gave him ultimatums and he didnt give a rats ass so i left. My daughter is now 6 months old. Her father is still doing the drugs and drinking on a daily basis.
Hes threatening to take me to court. I let him see her whenever he likes as long as i am there. As i dont feel she would be safe with him alone. He said hes going to make sure the court think im mentally unstable (completly untrue lol) and not mentally right to care for a child.

I have messages in my phone from him - he accidently sent me organising drugs. I also have in posession an old phone of his with messages in organizing extacy pills.

What are my chances in making sure he only gets supervised visits?
Anyone have any idea?

He smokes while hes holding her. He rocks up drunk when he comes to see her. He crashes his car all the time. I am so worried to leave her alone with him.

He wasnt like this untill his friend come and stayed with us while i was pregnant and never left...His friend was a stoner and an alcho too so he influenced my babys dad to be the same.

Thanks for your advice in advance
Four answers:
katykat
2010-10-05 02:24:17 UTC
As long as he doesn't have any sort of real proof of you're mental instability, then you should win, especially if you have the documentation you claim. There should be records of car accidents, or at least multiple dents in the car to prove that story. Also, a lawyer in court can demand a drug test, and he'll fail that as well. You should have a really good chance with this case.



First step: get a lawyer.
Starfish93
2010-10-05 02:45:20 UTC
There's no way in hell that the courts would rule in his favor. He can do all he wants to try and get custody of your baby but any sensible (or even normal) judge would see he's taking and smoking illegal drugs.

You shouldn't ever leave your daughter alone with him whether you may start to trust or not at the moment. From the sounds of it, he is extremely unreliable and unsafe to be around for a child of her age. If he is always drunk and stoned it is clear evidence to refuse him even starting up a case of custody battles.

How he plans on showing the courts you are mentally unstable is beyond me; if you are already looking after your daughter and doing a good job then all should be fine. He's just trying to scare you and get you worked up.

You're the one who has the proof - all the evidence on your phone can be used against him in court.



It's your choice on how much visitation you'd like him to have, or whether you want to give him any at all.

Your chances of him only getting supervised visits are really good. He is the one with the issues and any decent courtroom will see it.



I wouldn't worry to much. Just make sure you and your little girl are safe :)
Steph
2010-10-05 02:32:12 UTC
are you scared? don t be .you take the actions first. if he takes you to court ,do a drug test on him most likely the test will be done.but be prepared the same on you.if it s true you have all the dirt on him don t worry about it .he threat you tell him let s go to court, it seem like he s trying to scare you a short cut of all this go to cps and have a case they ll have a case on your behalf and work with you .if it come s to court it s all in his face .
Jeff
2010-10-05 02:12:42 UTC
Get an attorney, and tell him or her what you've written here. The attorney will most likely ask you for documentation, so try to have at least one or two documented situations with you when you go to your initial interview.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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