Legal Question in Family Law in California

I am currently awaiting my mediation date for custody of my 15 month old. Her father wants 50/50 custody and i believe that is too much for such a young child especially because my child breastfeeds. The dad had little involvement in her care taking through out the last year as well as on top of drinking and smoking pot everyday. Now that we are going to court he is getting himself drug tested but will not show one to me. I am currently not letting him take our child on unsupervised visits because of his past drug/alcohol abuse. He also moved in with a couple that has two kids but they party at the house still... is his room mate situation relevent? or the fact that he has'nt paid one cent in child support... actually i have been paying for them to do things together? What do you think his chances of 50/50 custody are?


Asked on 4/06/10, 2:54 pm

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

There are too many variables involved in determining custody/visitation to speculate what a judge is likely to order. However, you should definitely bring up his past drug use and current living situation to the mediator during your appointment. These are relevant factors the court considers when determining custody/visitation. If he hasn't been regularly involved in the child's life, it's not likely the Court will order a 50/50 timeshare right away. Rather, the court usually will order a step up plan. Good Luck.

Read more
Answered on 4/11/10, 4:07 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California