Alcohol and Drug Use

North Carolina Divorce Law Divorce and Separation Answers
1

I am assuming based on the fact that you said you have joint legal custody that there is a previous court order in place. If that is the case the proper procedure to change it would be a file a motion to modify custody, and it certainly sounds like you have grounds to do that.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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2

I do not know what to do. I have joint legal with my ex for our children. He has them more than I do due to my not having any legal representation at time of hearing. (my dumb mistake) My children have been speaking of him drinking alot lately. I now have physical evidence of him “partying” it up (18 beers a night on the weekends) then being hungover and passed out in bed the next morning, leaving the children (ages 7 & 5 ) unsupervised and left to fend for themselves for breakfast. The 7 year old even makes him coffee trying to get him up, and she has to take care of the 5 year old. He also has been looking for someone to buy a $30 bag of marijuana off of - he was supposed to “hook up” with someone he knew one night but they didn’t show. The children were home for this.
What can I do? Is a motion to modify all I can do? I am afraid for their safety and the environment they are in (heavy drinking & drug dealing) I knew this was going on, but this is the first time I can actually prove it. Thanks & God Bless!