Child Custody Modification If Ex-Wife Is Using Drugs

Omaha Nebraska Divorce LawyerQuestion:

My ex-wife has primary physical custody, but I think a child custody modification is in order because of the presence of drugs in her home.

She was reported to Child Protective Services for having drugs in the home. An investigation found no drugs in the home, though she had shaved my children’s heads I’m assuming because of the possibility of them being tested.

Even though the investigation found no drugs at the time, is there anything I can do to use this as a reason to modify custody and protect my children?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce and child custody laws where I am licensed to practice.

It has been my experience in my jurisdictions that parties can seek to modify their current custodial orders based on a material change of circumstances. The presence of drugs, along with a recently found potentially dangerous situation would constitute a “substantial and material change” of circumstances.

For instance, I might ask the court to grant my client sole custody under an emergency ex parte order to relieve the immediate potential for harm and that the best interests of the child dictate a change in custody. This option can be expedited and presented the fastest option for an immediate change and protecting your children.

You can take your children to get drug tested based on hair follicles on the arms, and any reputable drug testing agency can assist you with the same. This also would aid your case.  Any results could be turned over to your attorney or phoned in to a Child Protective Agency.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.

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2 comments on “Child Custody Modification If Ex-Wife Is Using Drugs

    Just wanted to know if u can help me out. My xwife has custody of my children but recently I’ve noticed that she’s bn supporting her habit with the money I pay in child support and the money is not go
    ing to my
    kids. What do I do?

    son found drugs in my wife’s ex-husband’s house
    my wife and i are separated.
    we have one son together.

    she was divorced prior to me and had a son with her ex-husband who i raised from the time he was 1 year old.

    since we have separated, she has started seeing her ex again.
    she takes my son to his house sometimes which i don’t like.

    today our older son (my step-son, now 11 years old) told us he found a large amount of cocaine and other drugs in his dad’s closet, and started crying about it and was very concerned asking if we thought it ‘explains the way he treats me’ (his dad is emotionally and has been at times physically abusive with him.)

    i do not want my son (4 yrs old) to step foot in my wife’s ex’s house again or be around him.
    i can’t prevent our older son from seeing his father, but i do not want our younger son to be around any of this crap.

    what can i do??

    i would like to file some kind of report and get this situation on record.

    my wife already called the police to file a report because when she confronted him about it he kicked down her door and refused to leave her apartment.

    i want what is best for my boys and i want this creep out of their lives as much as possible.

    any advice is much appreciated.

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