If you are using illegal drugs and you want your kids, all I can tell you is that you should stop.

In any child custody case or divorce case where you have kids, you simply must stay away from illegal drugs.

Drugs And Child Custody | The Divorce

Heather Kresse and Chad Kresse marry on June 28, 2005.

They have two kids.

They get an irreconcilable differences divorce. on August 15, 2014.

They agree to share joint legal and physical custody of their kids.

Heather then gets arrested for shoplifting and moves into a three bedroom home where seven people live (this is bad already) and child custody is going to become a problem.

Heather admits she is using illegal drugs.

This admission is actually good on her part. In other words, do NOT ever lie to the Judge.

But, Heather can’t stay off drugs.

So now we have illegal drugs and child custody. These two things are polar opposites. In other words, if you want your kids, you cannot do drugs.

Her hair follicle drug test is positive for amphetamine and methamphetamine.

The Court signs an Order that says Chad can stop visitation if Heather or anyone in her home is using drugs.

This is what Chad does.

As a result, Heather does not see the kids for five years.

You can see where this is going.

Heather asks the Court to force Chad to let her see the kids.

In response, Chad says she abandoned the kids.

Section 93-15-103 of the Mississippi Code discusses abandonment.

The trial court finds she abandons the kids due to little to no contact for years.

Chad claims he stops visitation due to Heather’s illegal drug use.

Heather waits too long so she loses at trial.

Heather appeals to the Mississippi Court Of Appeals.

She also loses because she had little to no contact with the kids.

So let’s sum up what happens in this case. Chad finds a pill in one of his kid’s backpack. Chad believes the pill was acetaminophen and oxycodone hydrocoloride. Heather lives in a three bedroom home with seven people in the house. Heather admits she is on illegal drugs. Chad files a petition for contempt because Heather allows the kids to be around her boyfriend in violation of the Court Order. A guardian ad litem was appointed by the trial Judge. The guardian ad litem testifies that the last time Heather sees the kids was February 2017. The guardan ad litem says Heather does not contact the kids or send them any money or birthday cards for about two years.

Heather admits she exercises visitation with the kids in 2016. Heather admits she does not see the kids after 2016 because she was “getting myself together.” Heather admits that she does not go to any of her kid’s football games. Heather admits she only sent a couple of Facebook messages and maybe a text message or two to try and visit with her kids. This is not good as you can see. Heather admits five years pass since she has seen her kids. Chad says the only visitation Heather had for years was on October 21, 2016. Chad says Heather would call and cancel her visitation on the day before or the day of visitation. Chad says Heather would promise the kids she was coming to visit with them for child custody and she would cancel or just not show up.

If you add up all these things, what would you do as the trial judge?

Drugs And Child Custody | The Bottom Line

The bottom line is this: do NOT use illegal drugs. If you make a decision to use illegal drugs then you will likely lose your kids, lose visitation, and you may even find your rights terminated which is what happens here.