My husband of 16 months is saying he wants a divorce. We have a two month old that I am the primary caregiver. He has a six year old in another state that he does not have custody of; my husbands mother has custody of the child and he has not attempted to regain custody because he has to complete a drug assessment and treatment program. He has avoided this for years and hasn’t been financially able to provide for child number one. Would the courts consider the situation with his other child in the case of mine?
The judge will consider all facts and circumstances in each case. You can certainly put on evidence of his failure to take custody of his son and comply with getting a drug assessment. Ultimately it will be up to the judge to make a custody ruling that he or she finds is in the best interests of the child.