NSW Am I Able to Obtain Primary Custody of Children?

[WhatToDo]

I have a great concern for the well being and living environment of my 3-year-old daughter.

I was with her mother for just over 4 years and now we have separated. Reason for separation was because we always argued and her drinking problem. We have tried relationship therapy for over 18 months and that didn't work either. Although I would love more than anything in the world for my daughter to have a loving mother in her life, I don't want my daughter growing up with an alcoholic mother who has been arrested and charged with drink driving 3 times over the limit whilst with my daughter in the car.

Our therapist has tried numerous techniques to get her to quit with no success. I have walked in the house in the past with my daughter covered in a blanket, freezing with clothes drenched in urine whilst her mother is drunk off her head. There was a time where I was called to the house by an ambulance too with my ex passed out on bed because she was too drunk and my daughter was sitting there with no one.

My question is am I able to obtain full custody of children, given all the circumstances and proof with therapist and police records?

I would love for my ex to see her a few times a week as I do believe that a mother should always be a part of a child's life, however a mother that has a long history of alcohol abuse problems needs to sort herself out before being a full time mother.

I love my daughter more than anything in the world and would do anything for her to have a stable and safe living environment.

 

[sammy01]

If you have concerns for the wellbeing of the child then you should retain the child in your care...

 

[AllForHer]

Look, you can't say the mother poses a risk to the child, and then in the next sentence say it's totally safe for the child to spend time with her several times a week. If a risk exists, the child spending more time with you and less time with mum just means there's fewer opportunities for risk to arise, not that there is less risk all together.

So if you genuinely believe the child is at risk with the mother, what safeguards do you propose here? What options do you propose for the child seeing the mother but without risk?

 

[Lennon]

If the child is found to be at risk in her mother's care, it is likely that you could get an order that she live with you, and perhaps spend supervised time with her mother.

 

[MartyK]

If the child is found to be at risk in her mother's care, it is likely that you could get an order that she live with you, and perhaps spend supervised time with her mother.

Yes, however, for supervised orders, in the interim, you would need some form of evidence to support the allegations you are making. Particularly if they are usually resident with their mother.

I agree with sammy, that if you have genuine concerns for the children's safety, and, those concerns are founded in reality, and, there is nothing that can come back on your own person, then you should retain the child.

Allforher rightly picked up on a very relevant inconsistency. Either you have safety concerns for the children or you don't. I realse that a meaningful relationship with the other parent is part of the law, but so is safety for the children (taking precedence in fact), and, you cannot claim "safety concerns" but in the same right be willing to leave the children unsupervised with the alleged abuser.

You should seek legal advice as a matter of urgency.