Legal Question in Family Law in California

Re: Father with drug problem wants custody

It is very unlikely he will get custody of the child considering his past actions regarding the child. The court may grant limited visitation. I realize this may bother you, but in the court's mind he is the father of this child even if he hasn't acted like one in the past. Once you accept that he is going to be apart of your lives,the easier it will be to deal with the situation, and the less stress your son will feel getting to know this new person in his life. Since the court may grant limited visitation push for visitation that you supervise since your son is only 4 1/2 and doesn't even know who this man is. Offer to go back to court in six months to review the visitation with the father to see if additional time is warranted. It may make the situation less volatile since it allows him the chance to ask the court for more time with his son. The court will review the case and how your son is dealing with the current visitation schedule and decide whether more time is warranted. Think of it this way, unless a parent files a request to modify child visitation, the court has a hearing on child visitation every six months without anyone making the request, but the fact that you are offering to review it in six months may make it more likely that the court will grant your request for supervised visits. As far as child support goes, you need to notify the local DA's office that he owes back child support and once he get's out they need to enforce the current support order. They will ensure that he finds employment and they will garnish his wages until the child support he owes is paid in full and that he continues to pay child support. They will take criminal action against him if he fails to find employment or quits his job. Keep in mind that the court is not allowed to take into consideration the fact that he hasn't paid any child support only the fact that he has had no contact with the child since birth, by his own choosing, and has abused drugs in the past.

Good luck.

Re: Father with drug problem wants custody

his chance of getting custody is very slim but he might get very limited supervised visitation.

Re: Father with drug problem wants custody

Since he is not paying child support and has had no contact with the child you should have your current husband file a step parent adoption and terminate the rights of the natural father. If you live in a state other than California you need to speak to an adoption attorney there to find out what steps you have to take to terminate a parents rights there. Calif like most states requires that there be a lapse of 1 year or more of support and/or contact with the child. Good luck