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Can I Keep The Kids if My Ex is on Drugs?

Having practiced divorce, custody and domestic relations for over 20 years, I am often asked: Can I keep the children from my ex if they are on drugs?  If they are high?  If they are drunk? Although you legally have an obligation to follow court orders, you also have an obligation to protect your children. Generally, if your ex, or spouse, is high or drunk, you can keep the children during that specific time if you deem it an emergency.  For example, you are not required to place your infant child in a vehicle with a drunk driver. If problems ensue, call the police authorities.  My general advice is that this is a defense to a contempt action and only works for a day or 2.  If you believe that the drug use by the other parent is ongoing or that alcoholism is a concern, you need to file an abuse/dependency/neglect action with Social Services OR file a motion in your divorce or custody case.  You will need to tell the Judge and have him/her rule on whether the other parent's time should be limited or monitored. You cannot keep the kids indefinitely without being at risk of contempt for willful refusal to follow court orders of parenting and visitation.  After that first day, it is imperative to contact your attorney and file a motion with the court. For consultation or if you need to retain an attorney, call Michael Bouldin at 859-581-6453 in Northern Kentucky.  Michael has been serving Boone, Campbell and Kenton counties for over 20 years.  Contact at [email protected] or call 581-MIKE.

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