You are absolutely right about the response of the courts to a parent using drugs who is seeking custody of the children. The courts would not want the children exposed to such behavior. Mediation, unlike arbitration, requires that you and your spouse agree to which parent will have custody, and you can insist that as […]
You are absolutely right about the response of the courts to a parent using drugs who is seeking custody of the children. The courts would not want the children exposed to such behavior.
Mediation, unlike arbitration, requires that you and your spouse agree to which parent will have custody, and you can insist that as long as she continues to abuse herself with drugs, you will not allow the children to reside with her or for her to have custody over them. Even if you agreed to arbitrate the matter of residency and custody, an impartial arbitrator should have serious problems with agreeing to grant resident custody to a parent who is using drugs.
You should not fear the mediation process, but should seek and experienced attorney-mediator in your jurisdiction who can assist both of you in this divorce.
If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss mediation.
Leonard M. Weiner, Esq./Divorce Solutions