What will happen?

Ex-wife may go to jail for drugs (meth pipe, Paraphernalia). What will happen with the custody if she does? My state is AZ. The kids are with me now. We have joint custody with the children residing with her but they have been with me for the past 3 months because of this. What should be my first step? I know the first should be get a lawyer but I can not afford one at this time. My heart is breaking for my children who has been with her for a year and she has been smoking meth. I have looked up information on the drug, this drug can still effect her even if she stops using if I go to court would it be a good idea to bring up the damage that this drug can cause. The only information I can not find on this drug is if she smoked it while my children was in the home could it have caused them some damage too? If anyone has any info about that please tell me where I can find it on the net. Should I ask the judge for a evaluation on her? Thank you for your time.

[I AM ALWAYS LIABLE]

My response:

There is nothing for you to do. If she gets sentenced to State Prison, and since you are the lawful parent, you will have custody for the duration of her prison term.

Please remember, though, that inmates retain the right of reasonable visitation with their children. Thus, visitation between minors and their incarcerated parents cannot be absolutely banned without a "detriment" finding (e.g., parent dangerously abusing child). Otherwise, lengthy separation of an incarcerated parent from a child would impermissibly abridge the rights between parent and child and amount to an unconstitutional denial of rights of association and privacy.

While she's in prison, save your money for an attorney. When she gets out, if you don't have the current orders changed based upon her danger to your child, then you'll have to follow the current orders and give your child back to her.

In any court hearing, all you can do is inform the judge of the FACTS as you know them. However, unless you are a pharmacologist (pharmacy doctor), or a medical doctor, the judge and opposing counsel will NOT allow you to bring up, discuss, or use, any evidence of the effects of methamphetamines, or any other drugs.

The judge will appoint an expert in that area of knowledge to testify, under oath, concerning drug usage, and the effect and affects such might have on your child.

Start saving your money now, so that you can hire the best attorney your can afford, for the sake of your daughter, and her future.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited September 29, 2000).]

I did file for emergency custody right after she was arrested but have not herd. Can I still motion for modification or do I have to wait until she gets out of jail if she does go. The last time she seen the kids was 3 weeks ago for the weekend. I did not let her see the kids on her last weekend because her boyfriend who lives with her has a warrant for the same thing she did, they was together and was summons for the same thing. I did not what them in the car or in the home if cops showed up ect.. She did not argue because she knew they have been through enough. I told her she could see them anytime at a park or take them out to dinner ect. She can see them all week at practices and games but she never shows up to them. The kids have not herd her vioce for three weeks. The children are both 10 and know about ex's trouble, basic not detail. In was in the local paper so we had to tell them. They know mom can go to jail because they asked, when I told them yes they seemed to know it was going to happen and what has been going on because they did not cry or get upset. That is the part that breaks my heart. They don't ask to see her or call her, I asked them to call her but they said later we will but they never do. I know there has been some fight with my ex and boyfriend phyical (boyfriend hitting her) children told me that boyfriend was hitting on mommy and boyfriends bother had to pull him off boyfriend left when he came back things was ok. I am trying to get conceling for the children because I do not know all that has happen in the home of my ex. I am just sadden by the whole thing, I love our children and I can't help feel I have let them be in the situation as long as they have. The children seem to be thriving in school and sports which does give me some comfort but I know there is more to that. Anymore information will help**************thanks again.

Ex went to court today, got probation and a 150 dollar fine. Class 6 falony was reduced. WHAT IS GOING ON WITH OUR SYSTEM!!!! The good news is I got a court date for emergency custody because of the drug deal. Will I get custody even if it was reduced, she did plea guilty to the violation. I am going to file for modifacation after the emergency custody is done. At emergency custody can I introduce other evidence to back up my reasons, like children being late for school 15 times, and evictions (have document from landlords)......should I introduce all that at this hearing or wait for the modifacation hearing. I wish I could afford a lawyer but I am still paying child support even know the children are not with her, she has given me 114.00 dollars for the last two month that was the child support money, I pay 300 a month I could pay a lawyer or get in to talk to one......this is BS why is it so hard to protected my children from a drug using mother. All the papers and so on to go through, I will not give up though never will I give up protecting our children, someone has too. Any info???????? thanks

Ex went to court today, got probation and a 150 dollar fine. Class 6 falony was reduced. WHAT IS GOING ON WITH OUR SYSTEM!!!! The good news is I got a court date for emergency custody because of the drug deal. Will I get custody even if it was reduced, she did plea guilty to the violation. I am going to file for modifacation after the emergency custody is done. At emergency custody can I introduce other evidence to back up my reasons, like children being late for school 15 times, and evictions (have document from landlords)......should I introduce all that at this hearing or wait for the modifacation hearing. I wish I could afford a lawyer but I am still paying child support even know the children are not with her, she has given me 114.00 dollars for the last two month that was the child support money, I pay 300 a month I could pay a lawyer or get in to talk to one......this is BS why is it so hard to protected my children from a drug using mother. All the papers and so on to go through, I will not give up though never will I give up protecting our children, someone has too. Any info???????? thanks

My ex called after not calling or seeing the kids for the last 3 weeks almost 4. The last time she seen them was on Sept. 8th weekend. Sep. 22 was her weekend and she did not want to see the kids because she said she was embarassed and could not face them for getting arrested. Now she calls me today and want the kids this weekend. I do not want them to go with her because I know she is not clean. Could I call CPS and tell them what is going on and have them test her before I let them go to her? CPS does have a file on her because they have been called so many times once for my daughter having a black eye, which at first my daughter said she did not know how it happen, then she told me she got hit with a plastic golf club and then she said her bother hit her in his sleep. (ages twins both 10) The last story which is the one my ex told them and my daughter is she was playing tag and got hit. Baby sitter went down with my ex and I took my daughter to the CPS meeting on the issue, baby sitter did not see anything. To me my daughter is trying to protect someone. CPS does know about her arrest because I have kept them informed of any new information. I want to know if anyone knows if CPS can make her take a drug test before the children are put in her care again? I know she is not clean because she is out of control when I talked to her today just real violent and yells and screams, I do not want my children around her she is a danger to them I think. I think she is trying to stop using but can't and she comes down and she is just out of control. I will not put our children back in that situation I can not they have been through a year with her using. Please someone help!!! thank you

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Rob2000:
[b]My ex called after not calling or seeing the kids for the last 3 weeks almost 4. The last time she seen them was on Sept. 8th weekend. Sep. 22 was her weekend and she did not want to see the kids because she said she was embarassed and could not face them for getting arrested. Now she calls me today and want the kids this weekend. I do not want them to go with her because I know she is not clean. Could I call CPS and tell them what is going on and have them test her before I let them go to her? CPS does have a file on her because they have been called so many times once for my daughter having a black eye, which at first my daughter said she did not know how it happen, then she told me she got hit with a plastic golf club and then she said her bother hit her in his sleep. (ages twins both 10) The last story which is the one my ex told them and my daughter is she was playing tag and got hit. Baby sitter went down with my ex and I took my daughter to the CPS meeting on the issue, baby sitter did not see anything. To me my daughter is trying to protect someone. CPS does know about her arrest because I have kept them informed of any new information. I want to know if anyone knows if CPS can make her take a drug test before the children are put in her care again? I know she is not clean because she is out of control when I talked to her today just real violent and yells and screams, I do not want my children around her she is a danger to them I think. I think she is trying to stop using but can't and she comes down and she is just out of control. I will not put our children back in that situation I can not they have been through a year with her using. Please someone help!!! thank you[/b]<HR></BLOCKQUOTE>
Any information please!

Question for you.... do you have a attorney? if so what does he/she recommend? Seems that they should have filed for a emergency hearing with all of this going on... and if she has handed children over to you cant you just not answer the phone when she calls? Not answer the door when she comes by? Or better yet, just not be there at the house if you know she is going to be coming by? It is called being evasive until the modification hearing...

Rod, you have the power to protect your children, your stress level is just to high for you to see it right know. I went through all of this with my brothers ex girlfriend a few years ago.

Yes, the courts do care if mom is on drugs and will resonably side with the one protecting the children.

No, CPS will not test your ex for drugs, this is not their issue. You have the kids and that's enough for them at this time.

Police- they know if someone is on drugs. Have the police show up the next time she's out of control. My brothers ex actually brought the police with her one day, she called them at a pay phone and it was patched through to the officer in his car. He knew before he pulled up that she was high on crystal, broke the rules and explained to my husband and myself how to go about taking the kid away from her while she was standing in the street screaming at the top of her lungs and pacing up and down in the middle of the street.

Get police to document her behavior, go back to court now (even without a lawyer) and let the courts know what is happening. Start proceedings to get sole custody and only supervised visitation. The courts are starting to look at fathers differently, guess the last 25 years of generations of fathers not being around has changed the last few generation of boys (growing into men) who care about their children. More fathers are standing up and more mothers are stepping down. Don't give up, your kids will thank you later. Your ex has to fall all the way down before she is going to pick herself back up. Till then be strong, educate yourself on the laws of your state and you'll do fine.