Legal Question in Family Law in California
Getting Custody of Child bad living condition
i have 2 children from same woman. Recently broke up. During relationship, gilfriends sister has been living in home and selling drugs and having people come over while we were at work or asleep. Now i'm not at home w/my children and When i drop off my older child from school the younger one is almost always dirty and sometimes the house smells like PCP or other drugs. What documents or proof would i need to get to obtain custody of my sons. To prove that the condition and the people they are living in no best interest of the child?
2 Answers from Attorneys
Re: Getting Custody of Child bad living condition
In order to establish rights as a father you will have to file a petition to establish a parental relationship. At that time you will also file an OSC for interim custody orders seeking custody of the children based upon the children's living conditions and any other reasons which would show the court that the children's best interests would be best served by you having custody. If there are any other persons who have knowledge of what is happening, you will also seek to have sworn declarations from them.
I note from the information provided that the drug scene in the home was in existence even when you lived there. Did you do anything about it, and if not, why not? Were you also a drug user? How do you know what PCP smells like? These are all questions to which you should have an answer.
If you are serious about seeking custody of the children, you should retain an attorney to assist you.
In any event, take good care of, and protect the children, and good luck to you.
Regards, Damian Nolan.
Reply: Getting Custody of Child bad living condition
In a general sense, the procedures are different depending upon whether or not you were married to the childrens mother. The legal issue will be the same. Best interests of the children.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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