Legal Question in Family Law in California

child custody q's

i have 80% custody. I have been involved in a relationship 4 6 months he was completely honest to me about him being on probation for a drug confiction and his ex having a restraining order on him for 3 years due to him getting arrested for drugs. He has no record of violence and never hurt his ex or the child. the restraining order was because he was using. he now has 2 years clean and 1 year left on the restraing order. he has never violated the restraining order or probation and has started a new life. He treats me and my son very well. he has taught my son to ride a bike. he takes my son fishing. he very involved with his recovery and goes to meetings all the time. i would really like to begin a life with this guy, but i'm very worried that if my sons father finds out about this guys past,he'll take me back to court and i will lose my son or custody of my son. Me and my son like this guy alot and i want him to be apart of our lifes. can this guys past affect my 80% custody . please help.


Asked on 4/21/07, 1:24 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: child custody q's

It will certainly affect the court's decision on custody, that does not mean that there will be a change. I would suggest that you get references yourself, including talking to his employer, church members and even his ex-wife. If the ex-wife won't talk to you that should give you some cause to worry. You should review his court files yourself, not just what he has told you. I would also talk to a counselor yourself to discuss why you are going into this relationship and if you are asking yourself and the man the right questions. If you are dilegent in protecting yourself and your son, it is unlikely that the court would give this major consideration. Talk the issue over with an attorney in the county where your custody order is filed, he can give you more guidance. Good Luck, Pat McCrary

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Answered on 4/21/07, 3:37 pm


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