Custody & Kidnapping

When someone files for custody in court, it may be possible to ask the judge to put restrictions on the other parent’s behavior if that behavior could harm the children. So, for example, if one parent has a problem with drinking, it may be possible to ask the judge to order that the parent not consume alcohol during the parenting time or within the 12 hours or 24 hours before the parenting time. If a parent has a problem with using illegal drugs, it may be possible to ask the judge to order random drug screenings, for example. Or if a parent smokes in the home and it affects a child’s medical condition, it may be possible to ask the judge to order that the parent not smoke in the home during the visits (although that wouldn’t necessarily eliminate the odor of smoke that would be in the home’s furniture, clothes, etc.) However, although a parent may ask for these sorts of restrictions, I cannot say whether or not a judge in your case would agree to order them. Some judges may feel that it is not their place to step in to say what a parent can and cannot do in his/her own home if the behavior is considered legal. Therefore, you may want to ask a lawyer for advice to see if these sorts of restrictions have been issued before by judges in your county and how realistic the lawyer thinks it may be that a judge would order this based on the specifics of your situation. Here is a link to lawyers, some of which are free or low-cost: LINK

Also, if you do begin a custody case, here is some information about custody in STATE, including the factors that a judge will consider when deciding a custody case: LINK