Custody with substance issues

My children’s father has a history of drug use and is a functioning addict. His substance abuse issues are what caused the end of our marriage. He was a decent dad in between the times he was wasn’t using drugs or alcoholic. He has a former DUI, documented failed drug tests, texts from dealers, etc. in addition, he has had the children in his car several times after drinking(documented), and is now involved with a woman with a recent DUI in 2018, and reckless driving/leaving the scene of an accident charge from 2015. She also has other various brushes with the law both criminal and civil for last 20 years. She also has lived 20 different addresses in last 7 many of them PO Boxes or erroneous. He met her at a bar. He is a commercial pilot and travels for work and wants to move her in and supplement 50/50 care with her. How will the courts see this, and surely they must care he has this history of substance abuse and is a commercial pilot for a major airline. He continues to have a substance abuse issue. He is a narcissist and tells me he will get the children and I won’t do anything about it. Should I file a custody case?
Thank you-

If you have no custody schedule, then it would likely be wise to file a custody action against the father.

The court will be interested in hearing any information that puts the children in danger or where their safety is threatened. If the father is wanting additional custodial time and his plan is to use his girlfriend for childcare, then the judge would want to hear about the girlfriend and whether she is suitable for the children, but also what the father’s work schedule is like as the judge may not be inclined for the girlfriend to care for the children for long periods of time while the father is away for work travel.

The court will also want to hear evidence about which parent can provide stability for the children, who has been the primary caretaker in the past (handling schoolwork, medical appointments, sick days), etc.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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