My girlfriend and I are wondering about custody of her child and what the child’s father can and can’t do in terms of custody.
Are you seeking child custody after drug addiction treatment? Check out this blog post, and then contact one of our Saratoga Lawyers for guidance.
Question:
Me and my girlfriend have been together for 2 months. I am 27 and she is 25. We live in New York, and my girlfriend has a two year old little girl. I work at the NYS Department of Higher Education Services and she works at NYS Department of Tax and Finance. I am also currently enrolled to finish my Associate’s degree. We both excel in our positions. Her and I have no criminal records whatsoever. However, I am a recovering heroin addict, who has been clean for 3 months. She is a recovering cocaine addict who’s been clean for 6 months. The child’s father seems to think that A.) he will get full custody if he pursues it because we plan to live together, B.) hell be able to get an order of protection against me (which I told her is baseless because I have no criminal record and have never been a danger to a child). I know we will have to submit to drug screenings if this goes to family court, I am just curious if he has a leg to stand on with his baseless claims. Because as far as people in our small town are concerned my drug addiction is all hearsay. I cannot find any legal precedent on this matter, please advise.
Download Our Free Divorce Guide
Answer:
Custody issues are resolved by a determination of the best interests of the child. If you and your girlfriend are clean and remain clean, there will not be a whole lot that he can do other than to make life a bit difficult with court proceedings. If she had custody while she was going through treatment and prior to treatment (while she was actively using), the court is likely to view any petition that he files now, after she has been clean for 6 months, as suspect. But, if either you or she relapses while her daughter is living with you, he will have a basis to seek custody and an order of protection.
This legal question was provided by Avvo and answered by Jean Mahserjian, one of our experienced Saratoga Lawyers handling child custody. This does not consent an attorney client relationship.
