Dothan, AL asked in Child Custody for Alabama

Q: I have sole legal custody of my 4-year old son and his father has visitation about 40 percent of the time. I recently

got a DUI (I have a history of drug and alcohol abuse), am involved in a relationship with a married man, and am not employed. My son's father is married to a doctor, is employed, has never missed a child support payment. He is considering a modification to request joint legal custody and 50/50 time. Should I be worried?

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: You need to be very worried. The judge might take the child away from you and give the father principal physical custody. The judge might also consider supervised visitation...If I were the judge and the information came out the way you have outlined it, I would seriously consider curtailing your visitation until I was sure you were clean and that the married man was out of the picture...at least that he wasn't around the kids. Get off the drugs and alcohol, dump the married guy. Get a job...no matter how menial, all work is dignified.

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