Legal Question in Family Law in California

Child Custody

My sister has a daughter 16 months and is not married. The father has moved out and lives not far in town. He has a criminal past and has spent time in jail however for the past 6 yrs he has not been in trouble and he has held down a job. He is a heavy drinker and he smokes pot and drinks alcohol every day. After his drinking and smoking he is out like a light, he crashes. His company does the same and the guys are at his residents daily. As far as support he gives very little. He comes over daily to see the baby for 10 min or so during the week, On weekends 1 or 2 hrs. He is high everday and extremely, hyper, not responsible and my sister wants full custody. Would she have a strong case against him even though his record has been clean the last 6yrs?


Asked on 7/30/05, 2:05 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Custody

If the father uses drugs and alcohol daily to the point that he passes out, why is mother allowing him to have any contact with the child. He may bring drugs into her home and expose her to possible drug possession charges, and loss of her child. His past criminal history is probably not that important, unless it involves a sex crime. However, if she can prove is current drug and alcohol use his visitation will be limited.

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Answered on 8/07/05, 10:55 pm


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