Legal Question in Family Law in California

Well the first question is whether you have legal paternity - either by having signed the necessary paperwork at birth or by later paternity case. If not, you have to petition for paternity and concurrently for sole custody. If you are legally recognized as the father, then the next question is whether there are any custody orders in place. If not, you have just as much legal right to custody of the child as she does. Just go get or keep both kids and the ball is in her court. Either way, however, you need to go into court and get a custody order, or modification if there already is an order. What you have to prove in the end if you want sole custody or supervised visitation, drug testing, etc., is prove what you say about the drug use is true.