Legal Question in Family Law in California

Situation:

In the middle of a divorce and custody battle. My soon-to-be X wants his parents to raise our daughter to avoid paying child support. He has accused me of having a drinking problem which is untrue. He is using it to get custody. The court has ordered me to alcohol testing for 6 months which I am complying with and have had all negative test results. No history of any violations, or incidents. These are all allegations.

Because my X is in the Navy, he will deployed and has asked the Court to extend my alcohol testing for another 6 months. He is basically just harrassing me.

Two questions:

1. When does the X's dragging you to court finally turn into harrassment?

2. Does the court have to show cause to order more testing?


Asked on 11/14/11, 8:22 pm

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

If you have successfully completed random alcohol testing, you should argue to the court additional testing is not required. Once you complete the 6 month testing, make a good record with the court of your successful compliance so your court file reflects this and try and get a finding from the court that this claim and issue is now resolved. As long as your daughter is under 18 or up to the age of 19 and in high school, the court has jurisdiction over custody, visitation and support and will always entertain any motion concerning the child's saftey and welfare. If father files motions claiming issues concerning the child's care that he cannot substantiate, you should ask for sanctions and attorney fees.

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Answered on 11/15/11, 6:55 am


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