How is custody of a newborn decided if the parents are divorcing?

Full question:

A mother has a child abuse charge from having marijuana in her system at the time of delivery, and the father has domestic violence charges from beating up his wife. They both want custody of the 2 month old baby. They are not divorced yet. Neither have a job. The baby is allergic to many things and must be on special formula. Who would most likely get custody of the baby? How complicated could this get?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Colorado

Answer:

Custody disputes can be lengthy and will vary by degree of cooperation of the parties, and all the facts involved. Based on the information provided, or nature of the matter, we are unable to assist over the Internet. It would probably be best that you consult a local attorney for assistance with this, who can review all the documents and facts involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a parent can lose custody due to drug use, especially if it poses a risk to the child's safety and well-being. Courts assess the impact of drug use on parenting abilities and the child's needs. In cases involving substance abuse, the court may require evidence of rehabilitation or treatment before considering custody arrangements.