Legal Question in Family Law in California

My ex-husband and I currently have joint custody but I just found out that my two children have been sleeping in his living room either on the floor, couch or air mattress. In my case it is already a court order for him to provide their own beds and dresser for their personal belongings.

My question is.. Can I ask the court for full custody since he can not provide proper space and bedding for our children to sleep in? and Do you think the courts will award me full custody in this situation?


Asked on 9/21/09, 5:02 pm

2 Answers from Attorneys

You can ask for anything. You're unlikely to get it. "Frequent and regular contact with the non-custodial parent" is the mantra of family law. Unless you can show it is harmful to the kids or he is neglecting them, you probably won't get very far. Since it is, according to you, already part of an order, however, you can haul him in to court on an OSC re: Contempt and see what his story is..

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Answered on 9/21/09, 5:13 pm
Robert Mccoy Law Office Of Robert McCoy

I do not know what you mean by "full" custody, but you can ask for primary custody. My experience has shown that the parent who pushes the hardest for custody usually gets what they want.

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Answered on 9/21/09, 5:38 pm


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