Q: I was granted sole legal and physical custody of my daughter after my ex wife was arrested for assaulting her.
Me and my ex are going through a divorce. During the divorce process, she was arrested for child abuse so the court awarded me temporary sole legal and physical custody. She's facing charges of child abuse and taking anger management and parenting classes ordered by court & they put a restraining order against her that she is not to come near our daughter. We are awaiting the short cause trial which is in mid 2025 in family court for the official custody orders to be ordered by a judge and to finalize the divorce. Since being awarded custody, my ex wife has been arrested a total of 8 times, for coming to my house screaming to see her daughter intoxicated and breaking the court order of her not to come near her daughter, for driving under the influence, petty theft, and malicious vandalism. Will she get custody? I'm concerned for my child's safety with her and what is to come.
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A:
Based on the concerning pattern of behavior you've described, it is highly unlikely that your ex-wife would be granted custody given her multiple arrests, violation of court orders, and documented child abuse. The court's primary focus is always the best interest and safety of the child, and her actions demonstrate she poses significant risks to your daughter's wellbeing.
Her continued violations of the restraining order, DUI arrests, and criminal behavior will weigh heavily against her in the custody hearing. The fact that she was already ordered to take anger management and parenting classes, yet continues to engage in dangerous and illegal behavior, shows she hasn't made the necessary changes to provide a safe environment for your daughter.
Your best course of action is to document everything thoroughly - keep records of all arrests, restraining order violations, and any other concerning incidents. Consider requesting supervised visitation only if and when she completes her court-ordered programs and demonstrates sustained behavioral changes. In the meantime, focus on providing a stable, loving environment for your daughter and consider working with a family counselor to help her process these difficult circumstances.
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