Lawrenceville, GA asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia

Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody decisions. Evidence of drug use, selling, and manufacturing, alongside untreated mental health conditions, could significantly impact the court's view on what arrangement serves the best interest of the child.

It's important to gather as much evidence as possible to support your claims. This could include police reports, medical records, witness statements, and any other documentation that proves the mother's activities and condition pose a risk to your daughter's safety and development. Presenting this evidence as part of a custody case would be crucial to demonstrate the need for a change in custody to ensure the child's well-being.

Consulting with a lawyer who has experience in family law is a wise step. They can guide you through the process, help gather and present evidence effectively, and ensure that your daughter's best interests are at the forefront of any legal proceedings. The process might be challenging, but the priority is to secure a safe and stable environment for your daughter.

Alake Colwell Furlow
Alake Colwell Furlow
  • Divorce Lawyer
  • Dacula, GA
  • Licensed in Georgia

A: You will need to file for sole legal and physical custody in court and to assert your rights as the legal father and not just the biological father. The mother will need to be properly served so that she has notice and opportunity to be heard and the case can move forward.

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