Q: Can my son get custody of his children from their unmarried mother who is a substance abuser?
A: Your son may get custody of his children from their unmarried mother who is a substance abuser if all factors point to it being in the children’s best interest.
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A:
If your son believes the mother of his children is abusing substances and it is affecting the children's well-being, he can seek custody through the courts. He will need to present evidence of the substance abuse, such as records, witness testimony, or proof that the children's safety is at risk. Courts prioritize the best interest of the children and take substance abuse seriously, especially if it impacts their care.
Your son can file for a modification of custody or request full custody, but he should be prepared for the legal process. This may involve a custody evaluation, where a neutral party assesses the situation and makes recommendations to the court. If substance abuse is proven, the court might limit the mother's visitation rights or require her to complete a treatment program before considering joint custody.
It's important for your son to gather as much evidence as possible to support his case. The courts will want to see that the children's health and safety are at risk and that he is able to provide a stable environment for them. Seeking legal guidance would be helpful for understanding the necessary steps.
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