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Going to Prison, and Trying to Leave My Daughter with My Wife Not Her Mom

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  • 09-09-2010, 03:03 AM
    bigdrew0143
    Going to Prison, and Trying to Leave My Daughter with My Wife Not Her Mom
    My question involves a child custody case from the State of: California

    I am the custodial parent of a 2 1/2 year old little girl. I am married and currently living with my wife. My daughter lives with us full time and has for the last 9 months with only one visitation period to her mom, which I understand went badly. I recently obtained the papers to obtain full physical custody and implement some restrictions on her mom's visitation. Her mom signed the new order after minor editing, and I am waiting for the signed judicial order currently. I am also facing a possible five year prison sentence due to failure to comply with probation regulations involving prop 36 and medical marijuana use. I go to hearing this friday the 10th. If I receive a prison term, due to my daughters mothers ongoing drug abuse, and generally unstable situation (at the moment she's homeless) I believe that it would be more beneficial to my daughter to remain placed with my wife, in our home, than to return to her mother. Is there a way to do this and ensure continued placement? I am not sure how my daughters mother is going to react, and I would prefer to protect the temporary placement if possible. I have looked into caregiver affidavit's, temporary guardianship's, etc., and at this point am unsure how to proceed. What risks are there in obtainig a temporary guardianship? Will this cause the judge to possibly impose restrictions or other issues on my right's or return? Thank you for your time.
  • 09-09-2010, 01:31 PM
    Xena
    Re: Going to Prison, and Trying to Leave My Daughter with My Wife Not Her Mom
    Quote:

    Quoting bigdrew0143
    View Post
    My question involves a child custody case from the State of: California

    I am the custodial parent of a 2 1/2 year old little girl. I am married and currently living with my wife. My daughter lives with us full time and has for the last 9 months with only one visitation period to her mom, which I understand went badly. I recently obtained the papers to obtain full physical custody and implement some restrictions on her mom's visitation. Her mom signed the new order after minor editing, and I am waiting for the signed judicial order currently. I am also facing a possible five year prison sentence due to failure to comply with probation regulations involving prop 36 and medical marijuana use. I go to hearing this friday the 10th. If I receive a prison term, due to my daughters mothers ongoing drug abuse, and generally unstable situation (at the moment she's homeless) I believe that it would be more beneficial to my daughter to remain placed with my wife, in our home, than to return to her mother. Is there a way to do this and ensure continued placement? I am not sure how my daughters mother is going to react, and I would prefer to protect the temporary placement if possible. I have looked into caregiver affidavit's, temporary guardianship's, etc., and at this point am unsure how to proceed. What risks are there in obtainig a temporary guardianship? Will this cause the judge to possibly impose restrictions or other issues on my right's or return? Thank you for your time.


    Do you have an attorney?

    If you don't, you are going to need one ASAP.
    Although Mom is on drugs, you are also facing charges relating to drugs and you're really going to have to have an attorney to get this done. (The family court only deals with what is in the best interests of the child, even though your drug use is medical, the court will still view it as a problem)
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