Question by  jrbaseball06 (21)

If my wife is a drug addict, can I get custody of the children?

We are separated and I think I deserve custody.


Answer by  Lynore (191)

I think it depends on what your idea of her drug addiction is. Is she taking a prescription medicine, or is she a crackhead.

posted by Anonymous
"Is she taking a prescription medicine" Prescription medications are highly abused. Many go to drs or "pain clinics" that are really drug dealers. growing numbers of babies are born addicted, from women abusing Rx drugs. They should never have custody, they are child abusers.  add a comment

Answer by  Antimony (62)

Yes. You should be able to make the case that your wife is an unfit parent based on her drug use. Her history of illegal activity, potential for financial instability, and potential for other negative effects on the children should make a solid case.


Answer by  Che (425)

If you are the more fit parent, you could and should get custody of your children as soon as possible. You must contact a lawyer who can guide you through the steps and represent you in family court. You will have to show that your wife is an unfit mother and that you would be the better parent.


Answer by  wallaby78 (2293)

It is very possible for you to get custody of the children if you can prove that your wife is a drug addict. Present the evidence to a judge and he will likely rule in your favor.


Answer by  mohankumar (83)

if the children are below five years of age childs custody would normally be the mother but in this case there is a possibility.


Answer by  Rose (6804)

If you can prove that your wife actions are placing your children in danger then yes you can get custody. More judges are giving custody to the dad.


Answer by  John (9008)

The rules for this vary tremendously from state to state. You should see a lawyer if at all possible. In most states, the judge will look at a variety of factors and choose the situation that is in the best interest of the children. Drug addiction is just one factor.


Answer by  Anonymous

A person who is addicted to drugs (including abuse of Rx drugs) is not fit to be a parent. If this can be verified, he/she should lose custody. I can see where a judge might except social alcohol use, or very occasional (not daily) marijuana use.

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