Legal Question in Family Law in California

I was granted sole physical custody of my daughters- ages 9 and 10- over three years ago. My ex husband failed to attend mediation, nor did he appear at any of the custody/divorce proceedings. He has been minimally involved since that time. He has filed a motion with the court requesting a modification and wants 50-50 custody. I have always- even during our marriage- been their primary care giver. He has never participated in their educational or social development. I have repeatedly addressed issues related to the girl's safety while they are in his care. He continues to drink during his parenting time even though the court order clearly states he is to abstain from alcohol. He is unreliable- most recently (Jan. 20) missing a scheduled dinner visit without cancelling- we sat in front of his house waiting for a half hour. He is currently unemployed and unable to support them. In November 2010 I forgave over $12000.00 in arrears and he is already $3000.00 behind again. The children are happy and thriving in their current environment. Is it likely that the mediator will recommend, or the court will grant a 50-50 split?


Asked on 2/25/11, 11:22 am

1 Answer from Attorneys
Gary R. White Burton & White

The likely result in mediation is almost entirely dependent upon what information is provided to the mediator in mediation. You should prepare the social history form to provide, and tell the mediator, information which relates to the best interests of your children, the other parent's failures to be involved with the children, and their current stable environment with you. Facts relating to the other parent's failures to pay child support are not relevant to the custody and parenting issues.

Read more
Answered on 2/25/11, 11:50 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California