Legal Question in Family Law in New York
Custodial Parent smokes pot regularly-and child knows
my 12 year old daughter lives with her father (i gave up custody because he wasn't giving me and child support and i was going to soup kitchens to feed her) and he smokes pot regularly, and she knows. this is something that affects her greatly because she is always talking about it (to me). she has not addressed this problem with her father because she is afraid of him (he doesn't beat her but he does verbally intimidate her). also, on more than one occassion she has slept over the house of her father's friend that MY daughter (and his step-daughter has supported this claim) has told me that he sells pot from his home. i will be seeking custody. now, my question(s):
how can i obtain proof of these incidents without putting my daughter on a stand or betraying her trust in my silence?
should i retain a lawyer (please keep in mind that i am a student)?
also, his (now) wife drew up the custody papers-is this a conflict of interest? and if so, what actions can be taken? (ie-does this void the agreement? or impare it somehow?)
please email me a response. i am desperate!
thank you.
2 Answers from Attorneys
Re: Custodial Parent smokes pot regularly-and child knows
I would strongly advise that you retain counsel. Custody cases are very difficult.
Daniel Clement
Re: Custodial Parent smokes pot regularly-and child knows
You should have a lawyer. Your local college or university may be able to direct you to legal services that are affordable. A Change of Custody Petition may be filed in family court. The court will appoint a lawyer guardian for your child. The Court May appoint an attorney for you, if you lack the economic resources, and ability to directly address the court the way the court wants to be addressed.
Your petition for custody should focus on your child's best interests, rather than the "dirt" you can find on your daughter's father. Certainly, it is unsafe and unhealthy in the extreme, for a child to live in an environment where the adults are abusive and irresponsible. However, when you knew, how long you permitted your child's exposure etc., and your reasons for giving up your custody, could subject you and your judgment to scrutiny and prejudice your case.
Get as much help as you need to get from the resources that are available to a student. counseling, seminars etc; and see to your child's safety and well being. That should be your first priority.
GOOD LUCK.
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