Legal Question in Family Law in California

NCP files for Custody after Modification of Child Support increased

I have had my son for 12 years. The father has never been around in 6 years other than a total of 60 hours in those years. he visits whenever he feels like it, never has overnight stays with our son when he is in town. Due to a modification in child support now he wants custody. I am upset my son will have to participate in this mess. Is there anything i can do to keep it out of court? I raised my son alone, and his dad had a DUI in 2001, plus has a drinking issues, very ill health, no family in the city he lives in to even think of daycare. Never picked up the phone to call him until late Dec 05 when he was served w/the 3 yr review for Modification, which dad had a huge income in wages. My son refuses to go-no surprise, and can even prove by testimony or affidavit that his father lied in court to say he comes down every weekend and my son spends 2 weeks in the summer with him. Plus could be documented by the paystubs as he works alot of overtime and weekends, if i could get him to state the days he is claiming...His dad has Pancreantitits, diabetes he does not take care of...who frequents adult mens clubs, & porno problm I want to do all I can to get the court to throw out the custody petition, how can I do that? Thank you.


Asked on 3/02/06, 7:05 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: NCP files for Custody after Modification of Child Support increased

The court will not throw out his custody petition. You need to present evidence regarding his lack of contact with the children, his alcohol problem, the long work hours and his lack of a plan fro child care. His lack of contact will probably not be sufficient to stop visits. You should request that there be a re-acquaintance plan. That is short visits which slow over time increase in length. It appears that he lives some distance from your home. Therefore you should ask that either he provide all of the transportation or that the receiving parent provides transportation. Because of his alcohol abuse the court should order no consumption of alcohol during the visit and for 24 hours before the visit. An attorney should be able to present this to the court in such a manner as to protect the best interests of your child.

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Answered on 3/04/06, 2:48 pm


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