Westfield, NJ asked in Family Law and Child Custody for New Jersey

Q: My husband is coming home from rehab but I still don't trust him to be alone with our kids, What can I do?

My husband gets home from rehab in a few weeks. I do not feel comfortable with him being alone with our two young children due to his history of drug abuse. This is my husbands third time in rehab. I have evidence as far as recordings of him admitting that he snorted drugs in the basement while kids were asleep and under his care and some other things as well. Could this be enough evidence? I also have some documentation of the previous rehabs he has been to in the past. I feel this could be a long process as I am planning to divorce him as well. Is there something I can do temporarily when he gets back that will not allow him to be alone with the kids? Or does something actually have to happen again for the court to approve this request. I'm not sure if my husband has leverage now that he's back from rehab and he's "clean" Please let me know what you think. Thank you!

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1 Lawyer Answer

Michael A. Conte

Answered
  • Divorce Lawyer
  • Pennington, NJ
  • Licensed in New Jersey

A: I strongly recommend that you schedule a consultation with a qualified attorney whose main practice is in the area of family law. You are right that your husband can make an argument that he is now clean to try to counter your concerns. What the Court will do with competing stories will be largely driven by the manner in which your cases are presented. Your question suggests that there was a prior order of some kind, although it is not clear if that is the case. Not knowing if there was an order or what that order says, it is very difficult to know what will be enough evidence...or what precisely the right requests would be to the Court. You should bring all of the information that you have (prior orders, what you believe to be relevant evidence, etc.) to an attorney who understands how to deal with these issues so that he/she can help you organize information, determine what the correct requests for relief would be for you, determine the right procedural mechanisms to use to maximize the likelihood that you will succeed, work out how to introduce the right evidence, etc.

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