Legal Question in Family Law in California

custody

My husband has a 4 yr. old son with his ex-girlfriend. My husband filed an OSC to established paternity the judge ordered JOINT legal custody with little visitation to dad. The mother argued that more visitation would interfere with the child's extra curricular activities. My husband hired a private-eye to find out what type of activities the family has.We found out WAY more than we expected. First, She works from 8-4:30pm there are absolutly NO ACTIVITIES. She comes home and doesn't do much but stay home & watch TV. The child attend preschool from 8:00-11:30 am FROM 11:30 TO 4:30 THE CHILD ID AT DAYCARE. My husband offered to talk care of his son from 1:00 pm til she gets home from work and she refused!! She said it would conflict her current relationship. In other words her boyfriend said NO!!The info. we have was based on survalience for a whole month. Also,her live in boyfriend is a convicted felon (DRUGS, WEAPONS & A POSSIBLE DUI)!! Apparently the neighbors ALL say that he's an active gang member & alcoholic. They have wild drinking parties on the weekends. She also has 2 yr. old twins with this guy!! My husband now wants to ask the court for a change of custody. What are the chances that he'll get CUSTODY!!!


Asked on 3/29/04, 4:59 pm

2 Answers from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: custody

The answer is maybe! I know you would like something more definitive but further information is necessary first.

What was in the declarations at the OSC? What court are you in? Who is the judge? Do you have the transcrip from the hearing? Has there been any violence in the mother's relationship with her boyfriend. Is the home unsafe for the child? What proof do you have of the live-in's criminal convictions? Are the neighbor's willing to provide written sworn declarations? etc, etc.

In order for a custody change you will need to show changed circumstances and possibly you can.

You really need to retain the services of a competent family law attorney to assist you as a custody change is most certainly not a "given" and it can be very difficult to achieve. Based upon the information provided, you should be at a minimum,able to increase your visitation with the child.

If I can be of assistance, please feel free to call.

Good Luck!

Damian Nolan.

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Answered on 3/29/04, 6:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: custody

The answer is that a judge who is not brain-dead would be very upset with the situation you describe, and would be quite peeved with the other parent's apparent falsehood about "extra-curricular activities." Possibly unfortunately for you, some family court judges *are* brain-dead. Possibly also unfortunately for you, your private investigator may have done his job too well and the case might become a case of Child Abuse And Neglect, the case might get bounced into Dependency Court, where the county social workers take over everyone's lives, and the court proceedings can become even more bizarre and unpredictable than in family court. Just out of curiosity, I would be interested to know the name of the investigator and how much money it cost you to obtain this information. Thanks,

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Answered on 3/29/04, 5:27 pm


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