Legal Question in Family Law in California
i'm going through a divorce and my ex has had our kids put in my custody twice by child protective services. I'm trying to get full custody and I just wanted to know if the record I keep of the kids well being, there constant moving, her lack of medical coverage for them, police incident reports for harrassiment and public disturbance, and all of the slander she posted about me on facebook can be used to build my case against her to get the kids 100%
1 Answer from Attorneys
Yes, but courts rarely give one parent 100% custody, unless your ex has a serious criminal, medical or psychiatric issue. You can keep track of all the written evidence you want, but the court does not have to consider all YOUR evidence. For example, slander is irrelevant to fitness as a parent, but police incidents are relevant. A full custody battle will take up to a year and thousands in attorneys fees on both sides. The Family Court Services will ask that both of you go to mediation, if not successful, the FCS will make their own investigation in the family situation for both parents. The family law judge generally agrees with the FCS recommendation.
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