Legal Question in Family Law in New York

Seeking Full Custody

My ex-husband was diagnosed as bi-polar in 2005. We have a four-year old son together. I would like to file for full custody of our son. I do not know if my ex keeps up with his meds. He also tested positive for cocaine when he was institutionalized in 2005. I don't trust that he is drug-free and I don't know the level of care my son receives when he is visiting his father. I am concerned with the crowd of people my son is around when he visits his father.

Can I file for full custody and what rights does that still provide his father with? Can his father be randomly drug-tested by the court?


Asked on 9/07/08, 9:36 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Seeking Full Custody

You really should retain a lawyer for this issue.

Yes, if the Father has mental and drug problems you would have a good faith basis to file a Family Court petition for full custody.

And yes, you can have the father randomly drug tested.

Mike.

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Answered on 9/08/08, 6:51 am


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