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What are my chances of getting custody of a 1 1/2 year old in CA?

Asked over 2 years ago - San Francisco, CA

I used to think the mom was a good mother. We are now in the middle of a divorce, and she took some drastic actions to get a divorce including some horrible allegations of abuse to her and the baby to let her move out of the state. We signed stips to end the RO, we have a parenting plan, and support stip. Now we are fighting again, I've uncovered facts about marijuana and alcohol use, as well as evidence that she has mental health issues. The drugs and alcohol have affected the baby in the past - through breast feeding. She is not breast feeding as much anymore. I want to get primary custody and give her visitation, what are the odds. The DV stuff she said about me can be proven to be false, and I will in court if I have to. I've been told to let it go, but can't let my son go.

Additional information
The DV allegations are lies - there is no proof on her side, it is hearsay and I have A LOT (hundreds of emails, journal entries, text messages, phone records) of evidence that directly contradicts things that she has said in her court papers. We did not end up in court because we signed a stipulation ending the RO before the hearing
She has taken a drug test - she passed, but I KNOW she was doing it, I witnessed it!!!

Told to let it go by attorney's at consultations. They say it's too costly and painful to go through a hearing. I don't think it's fair that she can say these things and "get away" with it.

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Attorney answers (1)

Annette L Goudy

Reputation Level 14

Answered over 2 years ago. Family Law Attorney in Santa Ana, CA.

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You really need to talk to a local family law attorney. I don't know enough facts about the RO, but if there were any findings of domestic violence, you will have a very hard time overcoming those facts to prove them false now. That should have been done at the time of the RO hearing. As far as the drug allegations, the court will be very interested as that effects the best interests of your child. Who has told you to "let it go"? Did they give you a reason? If there were findings of DV, you can overcome the presumption that it is not in the child's best interests that you have custody, but you have to have good evidence. Call around to family law attorneys in your area.

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