No photo
Asker
Posted over 1 year ago.

Thank you!! I have printed out both of his DUI records showing his conviction as well as jail time. My ex's parents house have had calls for a missing juvenile, disturbance and domestic violence. Not a very safe place for my son to be.

Edna Carroll Straus
Edna Carroll Straus, Family Law Attorney - San Juan Capistrano, CA
Posted over 1 year ago.

Also be aware you may end up with custody but Dad may will have visitation. Custody is a legal technicality, nit a magic bullet.

No photo
Asker
Posted over 1 year ago.

I'm totally ok with that. One thing I will never do is try and take my son from his dad. That would be really wrong. I just want to be the person who our son lives with and I want to make decisions for him because obviously, his dad can't make decisions for himself, let alone a 6 year old.

Thank you.

Edna Carroll Straus
Edna Carroll Straus, Family Law Attorney - San Juan Capistrano, CA
Posted over 1 year ago.

OK good. .. and good luck. This is an emotion charged issue and courts are not really equipped to deal with human and emotional factors.

No photo
Asker
Posted over 1 year ago.

What are the odds that he will receive joint custody? With all the information I have provided, is there a chance that he will get more time with our son? I just want an idea of how it may or may not play out in court. Thanks so much Edna!

Edna Carroll Straus
Edna Carroll Straus, Family Law Attorney - San Juan Capistrano, CA
Posted over 1 year ago.

It all depends on which judge you get and how well you present yourself. DO NOT appear indignant or angry: it makes judges doubt you. Be Mr. (ms?( Spock.

In a perfect world you would have sole physical and (IMHO joint legal but there will be visitation awarded and it might be more than he has now. To avoid this would require a nasty legal battle.

Edna Carroll Straus
Edna Carroll Straus, Family Law Attorney - San Juan Capistrano, CA
Posted over 1 year ago.

PS I go by carroll

No photo
Asker
Posted over 1 year ago.

Well he sees him twice a week now for 2 hours and has him overnight every other weekend. Do you think they would award him with more time than what he has now?

Again, thank you so much for your help and I would not show up angry because I want to prove that I am responsible.

Edna Carroll Straus
Edna Carroll Straus, Family Law Attorney - San Juan Capistrano, CA
Posted over 1 year ago.

There is no way to know what the judge sitting on the bench that day will do. I don't know the age of the child. I don't know the reason for the prior order. NO ONE can tell you these things in a free consult with (essentially) no facts.

I can tell you the every other weekend and every other Wed night is the "default setting."

If you wan t to get real input you will have to get a NON free "limited representation" consult. There is a reason attorneys get paid as we we do. We know the stuff the lay public doesn't. We can only do so much for free. I pay bar dues and education expenses and all the rest OUT OF MY POCKET. I can't provide unlimited free services. No one can.