Legal Question in Family Law in Hawaii

Drug history, but now clean, affects on custody and visitation decisions

I am about to go through divorce. I have been living separate from my spouse and kids for over 2 years. I am seeking joint legal custody and a visitation schedule. She filed for uncontested divorce through an attorney. The only things I don't agree is on the sole legal custody and I want a written visitation schedule. (Also, I was not given all the proper forms, like a copy of complaint for divorce and summons-answer to complaint) I admit I had a drug use history before, but I am now clean and employed. I am in no threat to my kids, and for over 2 years I have complied with her to see the kids with her consent and presence. We can not talk without arguing. How will my past drug history affect the court's decision and what is my best defense. The real reason she is holding my kids back from me, is because she hates my girlfriend of 2 yrs. My kids (5 and 6 yr/o) accept her and are comfortable with her. We pose no threat or have any court orders against us, can she still prevent me from seeing my kids? Even now my wife is telling me sign to the uncontested divorce papers (which is incomplete and I don�t agree on the terms), in order to see my kids again.


Asked on 1/21/03, 1:55 pm

1 Answer from Attorneys
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Drug history, but now clean, affects on custody and visitation decisions

Absolutely do NOT sign the uncontested divorce papers until you get the custody and visitation rights that you want. Otherwise, once the divorce decree goes through it will be very hard to modify your custody. If you cannot come to an amicable agreement with your ex-spouse regarding custody you will have to go through a contested divorce. Contested custody divorces can be costly and yes your drug history will come into light in a full blown custody hearing because of the, "best interests of the child standard" -- So... I would encourage you to try to resolve this uncontested. If you cannot feel free to call me at that point for further consultation.

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Answered on 1/21/03, 2:49 pm


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