Legal Question in Family Law in California

Two months ago I went into residential treatment for prescription pill addiction, I left my 2 yr old son with his father. While there I was served with papers from him seeking full custody and me supervised visitation. There was no immediate order made and the court date is in november. Since then I have moved in with a clean and sober friend and he has even brought my son here and left him for the weekend (without his supervision) My question is can I go get my son? Also he is not on the birth certificate.


Asked on 10/05/10, 12:20 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Well, you could go get your son and take off with him since there are no custody and visitation orders, but then his dad could go into court and allege that you took your son and changed his home, creating instability. He would use your pill addiction against you. I would keep taking things slowly, and try to get more and more visitation until it is at least 50/50. Go to court and show how well you are doing. Ask to have custody back since you are now doing well. The judge isn't going to automatically give your son to the father after you have had custody for 2 years. Also, I always recommend that someone retain an attorney when it comes to a custody battle. Please try to find one to help you in your area.

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Answered on 10/11/10, 5:42 pm


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