Legal Question in Family Law in California

Fighting for more custody

I have custody mediation and financial court date coming up, we have been divorced for almost Three years when we were going through the divorce I had some legal troubles ie- Marijuana conviction and a DUI, I have have had no negative contact with the law since, and I am remarried, the kids ( 11 and 13 )have told me that their mothers boyfriend has let them drive his truck on several occasions with her knowlage , and that she and the boyfriend were passing a bottle of alcahol back and forth while driving home from a football game with them in the car, they have made regular references to their dislike of their mothers drinking, she used my troubles against me during the divorce, she has also talked very neg. about me to the kids and discussed that I owed her back child support. The kids want more time with me should I use her recent behavor and if so how? How do I let the court know that they want more time with me, should i request a mediator interview them or have them write a letter or what? I can't afford an attorney so I will be representing myself.


Asked on 11/23/08, 5:22 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Fighting for more custody

You should discuss it with your ex-wife first. If you can't reach an agreement go to mediation, if you still can't reach an agreement tell the judge. Try to get ex-wife to stipulate to what the kids are saying in advance. You can repeat it to the judge but it's hearsay and shouldn't be admissible. Try to find other ways to make the same point. You can always ask for minor's counsel. He or she will testify about the kids desire.

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Answered on 11/24/08, 1:44 am


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