Legal Question in Family Law in California
I live in Santa Clara County. My question is , in Family law if the mother test dirty for drugs and the Father dosent will they give him sole custody forever? The mother wants the child to live with her. She gets welfare he has a good job ect.
2 Answers from Attorneys
They will not strip mother of her parental rights forever. They will give her chance after nauseating chance to get her act straight. I can't speak to your particular case, but i will suggest that dad needs to show to court with a plan on how he will care for the daughter while at work, and some idea of supervised visitation when he shows up to court. If mom is on drugs, be sure to request monitored visitation. Have a family member in mind that would be willing to supervise that you trust. Doesn't sound like she would be able to afford a paid visitation option.
I suggest he also ask for mandatory testing if she claims to be clean.