Legal Question in Family Law in California
Custody Battle
I have a temporary support order for 90% custody of my children.My ex didn't show up for court so I got what I asked for based on the fact that he was to start a jail sentence and serve weekends in jail for a DUI.When he found out how much money he has to pay he filed a motion to get 50/50 custody.I am willing to go 80/20 and will not budge in mediation since this is arrangement has been in place for 18months QUESTION:Since we won't come to an agreement in mediation what will be the next step? Will having 2 dui convictions in last 2 yrs make it harder for him?
1 Answer from Attorneys
Re: Custody Battle
The Courts generally will not change status quo, or the current custody situation without a showing of good cause as to why there should be a modification. The norm is 80/20, or every other weekend for the non-custodial parent, plus alternating holidays, and usually an extended term during summer.
In your situation you could claim that you ex is unfit to have custody based upon the fact that he is an alcoholic, and the children would be in danger with him/her.
50-50's are normally not granted unless there is a stipulation by the parents and it is shown to the Court that both parents will cooperate, and that it is in the children's best interest.
Now that you husband has filed an OSC I highly recommend that you do not do this on your own. I recommend retaining an attorney to represent you, and to complete the divorce. If you are located in So Cal. you may call me at 818-998-1584 for a free telephone consult.
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