Legal Question in Family Law in California
I split from my husband over 5 years ago, he is an alcoholic and currently in Rehab. I asked for a divorce and actually started the proceedings in 2008 but didnt finish as he was threatening to kill himself if i served him. He works 3-11pm at a State Prison in NY- the kids and I live in California and have for over 5 years, we are legal California citizens. I have a feeling that when he gets done with rehab he may try to fight me for custody of the kids. Our son is 15 and our daughter is 12. He signed them over to me in a document that was notarized and I believe was filed with the County we live in. Is there anything for me to worry about as far as him getting the kids from me? My kids are settled, stable, good students, they volunteer, get good grades, have great friends, play sports etc. I dont want them disrupted again! HELP~
3 Answers from Attorneys
When you resume processing your divorce, you should file a motion asking for sole legal and physical custody. If father is not dealing with his substance abuse, you should request supervised contact with the children.
In answer to your question, if the father has had no contact with his children for 5 years and he "signed his rights over to you" and he has been in rehab, I see no reason that you should have to worry that he would be able to 'take the kids from you" or that he would get anything more than supervised visits with the kids if he ever wanted to see them again at all. Good luck!
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