Can He Use Her Past “treatments” to Take Away Her Boys?

Question by Missymae: Can he use her past “treatments” to take away her boys?
My best friend has 2 boys. one is 6 one is a newborn. She has had an addiction problem in the past. She had the gastric bypass surgery and all went haywire. She was admitted into rehab again because her depression meds weren’t settling right with her, and she became “zoned out”7/08. They have done drug test on her and she is CLEAN. and has been for almost 3 yrs. Her husband on the other hand is a jerk. I understand that he doesn’t want to go threw the same hel* again with her. but he is constantly threatening her that he will take the boys away.”his family has more money then hers” telling her when she can go out side and when she cant. She had a Csection and a tubal ligation. 5 days after delivery she ended up having an uterine infection with caused an emergency hysterectomy. He is in control of all her meds. he gives her one pain pill for the entire day and tells her to make it last. She is afraid to take it because of what he may say. she does have her aunt staying there helping this month.

He forgets that while she was pregnant with the oldest he was an alcoholic. He would try to come pick the baby up from my house drunk, every day of the week when i would watch him. she gave him the ultimatum that he had to quit drinking. He went the opposite..he now EATS SLEEPS BREATHS TALKS church. You may not speak in the house if you are not talking about god. there is no other reason to speak unless it is about god. Religion is great but this is extreme.

Can he take the kids? What can she do. She wants to leave him but is afraid of him taking the kids.

Best answer:

Answer by Phoenix
Regardless if she has been in a sober environment for those 3 years, the judge will take her current situation into consideration for any custody arrangement. Is she now financially, emotionally, and physically able to take care of both children? It does not matter the matter the amount of “financial backing”, that his family may have. If anything, it will be to her benefit. Make sure that she is ready to make the steps to leave him. She will have many options through the state to help her situation, once she is divorced. She will also be able to get child support from him. Make sure no matter what situation she has to be in to leave him, ( staying with a friend or relative), that she always maintains primary custody of the children. She may allow him visits, but make sure those kids are with her 75% of the time. Hope this helps

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