Question:
Can my ex-husband get 50/50 custody back after emergency custody was granted?
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Answer:
As an experienced Saratoga Child Custody Attorney, I would recommend consulting with an experienced local family court attorney. Based on your question, I am not quite sure where you are in the process— Did you petition to modify custody and suspend the prior 50/50 arrangement? Did a court grant your request on a temporary basis? Is DSS involved, or is there an open CPS investigation? Where you are in the process may affect what your “odds” may be, and what your best next step may be.
The court will determine a modification of custody based on what it deems the best interests of the children to be. In the custody process, you can request that your ex undergo a substance abuse evaluation, or subpoena his “treatment records.” Many alcohol treatment programs do regular testing—which would show whether and what he is using. This is a highly relevant inquiry. If he truly is compliant with treatment, it may mitigate the alcohol issue somewhat, but not necessarily to the point where a court would certainly rule that resuming a 50/50 arrangement is appropriate or in the best interests of your children.
Do you have questions about child custody modifications? If so, contact the experienced Saratoga Child Custody Attorney Jean Mahserjian.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Child Custody Attorney. This does not consent an attorney client relationship.
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