Legal Question in Family Law in California
legal custody
My ex wants joint legal custody of my 2 sons and I have been the one to always support and take care of them and he doesn't exercise good judgement. He has had a drinking, drug and depression problem, has abused me in the past and is verbally abusing my 14yr old. Can I ask that visitation not be ordered but free will? My kids are 14 and 15, the 15yr old has been living with him since April. Doesn't joint legal custody just mean decision making and should I get a lawyer?
1 Answer from Attorneys
Re: legal custody
You need to discuss this with an attorney. The fact that the older child is living with dad will make it very difficult to convince the court that he should not have legal custody of the the children. The reason the older child is living with dad and how he is doing in school etc will have to be considered in making a decision.