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kjcd5150 · Feb 10, 2011, 08:43 AM

I recently got divorced, my exhusband moved to another state. He is not interested in living a good clean life and prefers to sell drugs for a living. We share custody of our 14 year old daughter, but he has been telling our daughter that he wants her to move and live with him. This can never happen as he sells drugs for a living. I want to file for sole custody what do you think my chances are of getting sole custody of my daughter. My daughter is aware of what her father does for a living and would have no problem explaining to a judge why she does not want to live with her father. Thanks from AZ

JudyKayTee · Feb 10, 2011, 09:21 AM

I don't know what you mean by sole custody. What does the present Court Order say about custody?

It would appear that the Court has already reviewed the circumstances (recently) and ordered that she live with you.

Are you trying to stop visitation with her father?

I don't see him getting custody unless she is somehow in danger when living with you.

AK lawyer · Feb 10, 2011, 09:21 AM

Originally Posted by kjcd5150

I recently got divorced, my exhusband moved to another state. He is not interested in living a good clean life and prefers to sell drugs for a living. We share custody of our 14 year old daughter, but he has been telling our daughter that he wants her to move and live with him. This can never happen as he sells drugs for a living. I want to file for sole custody what do you think my chances are of getting sole custody of my daughter. My daughter is aware of what her father does for a living and would have no problem explaining to a judge why she does not want to live with her father. Thanks from AZ

Expect your ex to object to this testimony. It is probably inadmissable unless it can be shown that your daughter knows, from her own personal knowedge, that her father is a drug dealer. Did he tell her he sells drugs or did you tell her?

kjcd5150 · Feb 10, 2011, 09:40 AM

My daughter knows because he told her, he has no intentions of working. He has money and recently bought a house but has not a job in a year.

kjcd5150 · Feb 10, 2011, 09:57 AM

Divorce says (Joint Physical Custody) My x assured me he was going to get a local job and live in az before the divorce was final. After the divorce he changed his mind and left the state, not stop visitation just him taking her to another state to live with him. I have no problem with her visiting with her father, but living with him is another story. He sells drugs for a living and do not want my daughter to be around that environment. It's a diffecult situation as you must realize that he had a major nervous breakdown 2 years ago and walked out on me and my daughter. His mental state of mind is not stable - he's a master munipulator and because of him saying various things to my daughter to get back at me. Our daughter is in counseling, she has attempted to kill herself and is very distraught about the situation. She is only 14 and doing very well now with support and counseling and does not want to live with him, just visit.