I have caught my wife using an illegal drug three times in the last few months, we have two kids. What can i do to prove this to a court?

Question:

I have caught my wife using an illegal drug three times in the last few months, we have two kids. What can i do to prove this to a court?

My wife, age 23, was just picked up on a four year old DUI warrant and I assume jail time will be in the sentencing due to the circumstances. As stated above, she has cocaine, prescription pills, and marijuana in her system at this time. Should I file for divorce now and get her tested or should I wait until the DUI dust settles and run the risk of her testing clean later? My goal is to gain sole custody due to the fact she uses in front of the kids and drives with them while under the influence.

Answer:

I am sorry to hear that this is happening to you and your family. If divorce is inevitable, then filing sooner may be to your advantage. You need to act to protect the children from her if she using in front of the children and driving the family while high.

You should speak with an experienced family law attorney first to discuss this situation and your rights and options.

Good luck.

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

To read more of Phoenix divorce law attorney Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: http://www.sampair.com/.
West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333