Can I gain custody of my daughter since my ex's new fiance has recently been senteced

[dnab99]

I just recently found out my ex wife's fiance has recently gone to jail for chronic DWI's. While serving his 2 concurrent 7 year terms he is also required to take a 2 year substance abuse program for cocaine dependency. My ex and daughter have been living with him for the past year. What are my chances of gaining full custody? Also, what are my chances of obtaining a court order for a drug test on my ex. I don't know if she has ever been a part of any cocaine use, but clearly living with a convicted felon with a cocaine dependency there is reason to believe that she has partaken too.

 

[Proserpina]

He's incarcerated, correct?

Then he's not a threat.

You may be able to convince the court to order Mom to take a drug test, but they may refuse (they'll also test you, by the way).

 

[shrinkmaster]

How long have you known of this? What have you done about this prior to today? What does your Attorney say this answers are important

 

[dnab99]

I have just found out about this a couple days ago, haven't done anything yet as my daughter is currently with me. I did some research on him, and found all this on casenet. I have not contacted a Lawyer yet, but will, shortlly. I have no problems having to take a drug test nor does my current wife.

 

[Proserpina]

The problem still remains - if he's incarcerated, there's absolutely no way he's a current threat.