Legal Question in Family Law in California
I am a single father parent of 3 children. The mother and I are still married but she moved out of my house 2 years ago after abandoning the children and I. I have since moved into a new residence and notified the mother. She has no problem with it. The mother moved in with some guy into a house that he rents and has bee away from the kids for even longer now. The children almost never see the mom because she has no desire to see them.
The mother is a documented and diagnosed "prescription drug abuser", diagnosed by a a mental hosptial in 2 instances along with being admitted for suicide attempts upon herself. The mother is also in trouble with the Board of Pharmacy for controlled substance diversion, theft and use. The mother has two prior documented suicide attempts. I am a proud and loving father and provider of my 3 children.
We all reside in the State of California (Ventura County) .
Can I file for "full" custody and get it? At the very least, resididing in So. California, can I file by myself at the local Ventura County courthouse for "Emergency Physical Custody"? Which is what I feel, would be the right thing to do, in the best interest of my three loving children.
What are my realistic and legal options to handle this important legal aspect of the custody?
1 Answer from Attorneys
Based on the facts you have given, you should try for full custody. I am assuming there is nothing she can say about you, of course, since you have not mentioned anything. As it stands right now, if there are no orders, you both have equal rights to custody of the children. I don't know what emergency you can claim, since you say she hasn't seem them in two years. You will need to file for a divorce or separation, and ask for custody orders to be issued, but the hearing often takes 21 days or more. An emergency order requires the threat of immediate danger to the children that cannot be remedied later, which I don't believe is present when she isn't showing any interest. You can go to your local family law facilitator's office to get help with the paperwork if you choose to do this yourself.
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