Legal Question in Family Law in California

I have a daughter who is 16 months old. The father who has had no contact with her ever is now filing for custody. He has a drug conviction for meth in the last 2 years and is still on probation for it. He has a history of domestic violence against me with 6 recorded instances, the last of which was when he beat me at 9 months pregnant and was arrested for it and given a felony conviction. He has been warned by the courts about his absences from domestic violence classes and has not completed them yet. He now has 96 days sober, yet has been on probation for 2 years for drugs (clearly cant listen to orders). He now feels entitled and wants custody. What can I expect? By the way I have raised her alone and with satisfaction. I have no criminal past, have had the same great job for 3 plus years, have had the same residence (a home) on my own for years and provide for my family with no help.


Asked on 4/16/12, 11:53 am

3 Answers from Attorneys
Peter Tuann Law Office of Peter Tuann

He can't win, he will spend thousands on attorneys fees, court filing fees, experts, but he won't win in the end. He may get some visitation, but he won't get 100% custody. Unfortunately, you will have to spend money on attorneys to fight him in court, and this case may get sent to Family Court Services. This could take several years to resolve.

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Answered on 4/16/12, 12:02 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

The family law focus will always be one of the child's best interest. While its true the child has a right to have a relationship with her father, the history you describe is one that would justify sole legal and physical custody of your daughter with supervised visitation to dad. Any visitation should be based on clean random drug testing for a period of time.

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Answered on 4/16/12, 12:55 pm


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