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My ex got his 2nd DUI within 2 years. I'm taking him back to court. What are my chances of getting full physical &legal custody?

Anaheim, CA |

When my ex picks up our son, they always visit at his parents house and my ex's parents house is a bad place to be. They have had 9 police calls within the last year. My son also sleeps on the floor when he stays overnight with his dad.

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Attorney answers 3

Posted

Sorry to hear what you're going through. It sounds like it is imperative that you speak with a family law attorney ASAP. I suggest using avvo to find a couple close to you and giving them a call - most should offer a free consultation and be able to answer your questions. Good luck.

Jasen Nielsen

Asker

Posted

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

Posted

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

Asker

Posted

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

Posted

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

Asker

Posted

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

Posted

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

Posted

PS I go by carroll

Asker

Posted

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

Posted

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.

Posted

DWI's are not grounds for the award of sole custody. Commission of crimes is a factor that can be considered.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

Posted

Agreeing with Mr. Nielsen, I think it's imperative that you talk to a family law attorney. I would gather as much information as you can on your ex and the police calls to your ex's parents' home.

Asker

Posted

I have been trying to get all the info I can get. I have contacted our local police dept and was able to obtain a list of how many times the police have been there. I've also printed out both of his DUI convictions. Thank you!

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