Legal Question in Family Law in California
Child custody of 7 yr old and unborn
The father of my son and unborn child and I have not been together since baby's conception. He abandoned my son and I for first four years, coming back when I sought child support. We dated off and on after that. The arragement has been for one year: he has son two days a week after school until bedtime, half of weekend.
He is taking me to court, upset ever since we broke up. He is off and on medication for obsessiveness and depression. I have documentation of his lying about using a car seat, not telling me of a firearm in his home for a year, and generally not doing what he says regarding son and being uncommunicative and uncooperative. He has a long history of heroin abuse and was in and out of rehab until a few years ago.
I cosleep still with my seven year old son although he has his own bed. I had an alcohol problem as a teen but haven't drank in ten years.
I would like sole physical custody but with same visitation as stated above, and joint legal, although i'm concerned because he purposefully is so difficult to resolve anything about the kids. Also no overnights with baby until the baby is at least one.
What is likely to happen?
1 Answer from Attorneys
Re: Child custody of 7 yr old and unborn
What is likely to happen is that you will probably spend a lot of time in court and in frustration over his child sharing, which he has a right to as a parent of the children. An attorney who is familiar with your case can give you better advise and also subpena records from his physicians, etc. I would suggest that you retain one who is experienced in child custody problems. A parent with personality problems and chemical dependancy problems are the worst and most difficult cases that I see in my practice. You will need some quidance, to get records at the right time, possible request appointment of an attorney to represent the kids and use the other tools that the court has available. Good luck, Pat McCrary
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