I served my husband legal seperation papers. We still live together and an ex parte order was denied. A court hearing has been set for next month. I am seeking full custody due to his drug use. Can he take my daughter away in the meantime and how will that hurt my chances when fighting for custody?
Answer
If you have not contacted a local divorce attorney, you need to A.S.A.P. I say that because it sounds like your husband already has one. Otherwise, if everything you are saying is occurring with the drug use, you have a good chance of custody. P.S. No. He should not be taking your daughter away in the meantime and when you seek counsel it should have no effect on your chances of custody. You will have to prove his drug use for FULL custody and might even obtain a ruling where he has very limited if any visitation rights if he is using drugs and the judge determines it is in the best interest of the law to keep the child away from him until he cleans his drug use up.
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