[jaymoney2664]

Please help I am a 26 year old father from Kentucky and when I was 18 I made a mistake of forgery and I pled guilty.So now I'm a convicted felon and now I am looking at a custody case.It has not came about yet but I need info on what and how to win in court cause his mother is a drug user and has been on anti depressens since she was 13 years old but she takes for the comma toast buzz and her mother and father both gets anti depressens and other narcotic's and all gone in a week 2 if very lucky .I just don't fell that my son can be properly taken care of.I mean I'm clean but I'm afraid that were I'm a felon I will lose the battle.I have him right now but I receive threating phone calls from everyone in her family to give my son back. WHAT SHOULD I DO PLEASE SOMEONE GIVE ME ADVICE!!

[Fr_Chuck]

I would hope the child could win and somehow can have a relationship with both mother and father.

But you hire the best attorney you can, you prove what that she is a drug user by asking the court to require a drug test.

[N0help4u]

Do not give him back. I don't know if you would be eligible to get your record expunged or not. I never really studied what things are expungable and what ones are not. But many things can be expunged if you have remained clean for years.
Keep records of the calls and the days and what was said by who. Write down everything you know about her drug history and anything you know that is going on that concerns you about the welfare of your son to be around her.
Where are you currently in the court battle? Was it her that filed or you and what was filed? Like did she file for primary custody or did you file for primary custody?

[ldyastrid]

There are unanswered questions... how old is your son? How long did mom have the child before you got custody of him? How long have you had him?

Regardless of the answers to the above questions, get a lawyer and file for legal custody. Since there is no custody order, it's entirely possible, if mom gets near her son and is able to get him into her vehicle, you can't stop her from taking him away from you... unless you have custody papers.

The courts will look at many things... you are a felon - how have you lived your life from the time you were convicted till now? The answer to that would come into play.

Your son should benefit from the love and nurturing of both parents. I can understand you are worried about the kind of care your son would receive while in his mother and her parents care, do you honestly think they would neglect or abuse him? Playing the devil's advocate... I can imagine you are getting threatening phone calls from them - how would you feel if she wouldn't allow you to see your son? Would you call and insist on seeing him?

Taking prescription drugs is not a reason to deny visits/custody to a parent, proving that she takes the drugs recreationally instead of for medical reasons may be more difficult than you think, but getting statements from those that know this to be true may help in your cause - they may even need to testify - would they be willing to do that?

Best of luck to you ~