Q: How do I get custody of my daughter if I know she's in an unsafe environment with her mother?
My ex has a drug problem and has been in and out of rehab multiple times. She has lost her government assistance and has no job to my knowledge. My 2 year daughter is picking up bad habits because my ex smokes weed, cigarettes, and possible other substances in front of her. My ex also has threatened my family multiple times if I try to obtain custody. My daughter doesn't like being with her mother. Every time I take her back she kicks, screams, and cries saying she doesn't want to be with her and that she stinks. What actions do I take to get full custody?
If you already have a custody order, file a Motion to Modify Custody. If you don't have a custody order yet, file a Complaint for Custody. The court system has forms online for this purpose. DR-411 is the Complaint, and DR-700 is the Motion to Modify.
It wouldn't hurt to talk to a lawyer first so you know how to approach it, and so you can decide whether to manage the case yourself, or hire a lawyer to manage it for you. Getting full custody is not easy. The courts favor sharing. If there's really a safety threat, just be sure you can document it so it's not a he-said/she-said thing.
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