Child Custody

[mitchx5]

Would a judge really give a parent primary physical custody if he has a long history of drug and alcohol use and recorded offenses over a 20 year span?  His last offense was 3 years ago for DUI.  This is just a concern.  I actually don't feel safe with my children visiting him because he smokes marijuana around them and will drink and drive with them.  Right now I'm pushing for supervised visits but don't know if this is realistic in divorce.  I'm just getting started in my divorce and have an OP right now so he does not get to see the kids.

[Lee Borden]

If you and Dad get to a trial on this issue, just know that the judge will hear both sides. You will describe the behaviors you've included in your post, and Dad will no doubt tell the judge about all kinds of terrible behaviors on your part as well. In addition, if your lawyers do a good job, the judge will hear about the good things each of you has done as a parent. Then the judge will have to sort all of it out and make the decision the judge believes is in the children's best interest.

It's a messy process, and not at all precise. And, in answer to your literal quesiton, yes, a judge might iaward custody to a person like Dad, if the mother looks worse or if Dad can show he is getting treatment for any substance abuse that might endanger the children.