What is the name of your state? Indiana
My sister-in-law has recieved notice that her ex is suing for full custody of their 9-year-old daughter. This came shortly after an argument over taxes after nine years of uneventful joint custody. He pays support and has the child every weekend. He is a student (unemployed) but his wife has a good job. The mother(single) just graduated from college and has a minor job and is looking for better. The child is a dream-- great grades, well-spoken and confident, happy with the current situation. She loves her dad and mom but dislikes her stepmom.
The dad has gotten a good lawyer (mean but good) and has asked for a full drug test. That is the bad part-- my sister-in-law has smoked pot before bedtime for years. She says she never smoked in front of the child and has stopped since she got the notice. She has never been arrested. The dad is a recovering alcoholic with many arrests for DUI. We think the police have been called to their house a few times for domestic disputes.
How likely is she to retain custody? Her parents will pay for a good lawyer and we are confident that the child will want to keep the arrangement as is. The wild card is the drug test. What happens if she fails?