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How can i get custody of my kids? What are my chances?

Oakland, CA |

I have been regular seeing my kids ( 14 & 16 ) and having them every other weekend . Their mother & I do not get along . For the last few months , she has restricted my visitations to suit her , so i have not seen much of them , though we still text and skype . Recently , at my kids vball game , she had me served with a modification order to limit my visits to supervised only alleging that i use drugs . I have a medical marijuana card but i don't smoke in front of my kids nor am i under the influence . She bad mouths me infrnt of them and has restricted me from communicating and seeing them by taking away their phones . Just recently I found out that my oldest was molested a number of years ago and my ex - wife never told me what happened , nor did she ever do anything about it .

Attorney Answers 3


In the best-case scenario you would live in a location where your children can still attend the schools they regularly go to. If you were to take custody you would have 50% timeshare. This probably would be a requirement unless where you live is a significantly better school district and the children really want to move. If your children want to be in your custody it’s important that you schedule an appointment where they get into a court mediator and have an opportunity to express their feeling. The Judge has an obligation to be aware of the children’s desires. He or she does not have to follow them but they need to understand the children’s position. I find it shocking your ex did not report child molestation. While much time has passed I would still file a report with Child Protective Services in your county and attempt to initiate an investigation. Otherwise this offender may be taking advantage of other children. The courts really start paying a lot more attention to what the children have to say when they are older than 12.

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You need to consult with a lawyer. My office provides consultations. Please contact our office to discuss your case.

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It is good that a motion to modify has been brought so that you will have the opportunity to address ongoing issues with the court - such as the interference with your visits with your children. Obviously the marijuana use could be considered a concern by the Court (most judges have an opinion of its use - some are okay with it, others are not). You will go to mediation as part of the Court process to see if you and the children's mother can reach any agreements regarding the custody and care of your children. Depending on your county, the mediator may submit a report to the Court as to what was discussed in mediation and provide recommendations. It is important that you file a response and that you obtain information as to your prescription for marijuana use to show the mediator and, if necessary, the Judge. Preparation is imperative. I would recommend consulting with an attorney who is familiar with family law and the workings and requirements of the Court.

DISCLAIMER The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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