What is sole custody? Is child support and/or visitation standard?
“Sole custody” definition varies from state to state. Sounds like you are referring to sole physical custody, which means the kids would live with you full time and perhaps have only visitation with the ex. (Sole “legal custody” is a different definition) Based on what you describe, and unless you have some heavy duty issues of your own, you may have a good chance to get sole custody. You certainly could, at a minimum, get orders that he never drive with the children in the car. It sounds like they need to be protected from him.
Sole custody is the person who has the day to day care and control of that child. But when a child is born the parents have automatically joint responsiblity for the child, whether or not the parents are married or living together. But if you went to the family court, then you could get an order in place that gives you residence and the day to day care and control of the child. If you have concerns about the children spending time with their father and you have proof that he is incapable of caring for them whilst in his care, then you can possibly get a specific order in place having supervised contact in place. But you need to prove to the courts that what you say your ex has done is true and correct. I wouldnt stop the children from seeing their Dad, I think just limiting it and having his contact being supervised. Also stipulating that he isnt to take drugs or drink etc whilst he has the children and 24 hrs before hand etc. Anyway I hope this helps.
Sole custody is no contact with the other parent. You can still receive child support with sole custody. The first step is if you are allowing visitation is to only have supervised visitation. This can be done at designated facilities or in some cases with a relative. I would probably avoid the relative situation if at all possible. You need to obtain any documentation you can get your hands on regarding his drug usage and any prior drug charges. If you so happen to have any proof he has failed a drug test or anything else written hold on to that too. Also, you need to ask the judge for your ex to submit a drug test to the court. I would persue sole custody in this case especially if you know he currently would fail a drug test. DO NOT LET HIM BE ALONE WITH THE KIDS FOR ANY REASON. It will hurt your case.
Just because you have sole custody does not mean he will not be given visitation rights. You can go for sole custody if you don’t already have it, but what you need is a new order of visitation, if you are seriously worried for the safety of your children and not out for vengence, come to court with the proof of fear i.e. have the copy of the police reports to show the judge, once you have proven your case of your ex not being responsible enough to be alone with the children, request that visitation be granted only under supervision, that supervision should be someone ordered by the courts or someone of nutural between you and him.
