Legal Question in Family Law in California
child custody
I thought that the constitution stated that we are innocent until p[roven guilty. I had full physical and legal custody of my daughter bella my x never responded nor attended the classes that the court requested. I moved to the same county that he lived in and he filed for custody and asked that I take a drug test. I refused because I don't need to take a test. I have never been in trouble with the law for any thing except one time for petty theft. that was years ago. anyway because i refused to take the test the judge gave him custody of our daughter. and we were to agree on vistation but he won't agree. now i'm ordered to go to rehab and i am not on drugs.
1 Answer from Attorneys
Re: child custody
Innocent until proven guilty is a criminal law concept, not a family law concept. In family law, the point is to protect children, in criminal law, the point is to protect individual freedoms. These are very different legal standards.
The judge can't switch custody like that unless the judge made an order that you haven't complied with. Every client I have ever had that isn't on drugs is willing to immediately go and take a drug test to prove the point. Here, apparently you were accused and made a conscious choice not to disprove the accusation. You chose your individual freedoms over your child. Big mistake. It can be fixed, but where you had the upper hand with existing custody, you have given that all away and now bear the burden to fix it.
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