Camp Verde, AZ asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Arizona

Q: I found a bag that has remnants of what could be crystal meth in my bathroom trash, its my kid's dad. What can I do?

We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?

2 Lawyer Answers
T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: If you've discovered remnants of illegal substances in your home and believe it belongs to your child's father, you may consider reporting the incident to the authorities. Legally, you can also consult with a family law attorney to explore options for restricting his access to your home or kids, especially if you believe there's a danger.

Stephen M Vincent
Stephen M Vincent
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.

If you're married, presuming the house was purchased during the marriage, you can also ask for exclusive use of the marital residence.

If you're not married, the house belongs to the person who is on the title or to both of you if you're both on the title. If you're both on the title, you're best option is to convince him to leave.

If you both have an ownership interest in the home, and you want to stay in it long-term, you will most likely need to buy out his interest in the home. The two of you will need to work together to figure out a buyout.

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