Legal Question in Family Law in California

I need help

My ex-husband has been an absentee father since before our child was born. Now he is a year old and won't sign custody papers. I am now taking him to court for sole physical and legal custody. He cannot prove permanent addr driver license (suspended) and he has warrants for his arrest and a drug and alcohol user. I am worried he will try to take my son ( not legally I might ad).

Do I stand a chance in the legal system to win this or am I fighting a loosing battle.


Asked on 11/08/04, 6:36 pm

2 Answers from Attorneys
Doris Mei Divorce Services Group

Re: I need help

In considering custody, the court usually takes into consideration the best interests of the child. If the father really has a criminal history and a drug and alcohol abuse problem, then you will most likely have full physical custody of the child and if not full legal custody, then at least joint legal custody. But he still has rights to visitation, or at least supervised visitation.

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Answered on 11/09/04, 1:23 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I need help

I don't see you having a problem. The judges there in the SFV generally side with Moms. Also Dad will likely not show in court if there is an arrest warrant. Hope you filled out the paperwork and served him correctly.

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Answered on 11/08/04, 10:52 pm


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