Legal Question in Family Law in California

The answer to this question rests on a number of factors. The two factors that may be the most important variables could be your commitment to sobriety and the best placement arrangement for your daughter. If the court merely intended for your daughter to be in the temporary custody of her father while you stabilize your sobriety, then it seems reasonable to expect the current parenting placement will change.

The judge will probably want to see you have a significant amount of continuous sobriety prior to making any changes to custody. You may be required to begin by having monitored visitations with your daughter, and then work up to unmonitored and then overnight visitations with your daughter. After you have been able to maintain sobriety and have spent time with your daughter, you can petition the court for joint custody or primary custody.

Ms. Van Haren is correct - this isn't going to be fixed overnight or in a few months. Don't give yourself an excuse to blow your sobriety by having unreasonable expectations. You didn't become an addict instantly, and nobody expects you to be cured instantly. The judge wants to see that commitment to sobriety. Stick with your program, do as the judge asks, and you will get back to your daughter much quicker than if you get depressed or angry and try to fight the situation.

Your daughter needs you. Let that be your motivation to not allow frustration and depression or shoulda, woulda, couldas derail you. Good luck, and be proud that you can be a model to your daughter of how to overcome a difficult situation.