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Chances of Change of Custody if Petitioner Has a Criminal History, Non-Support

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  • 10-19-2014, 07:58 AM
    Pamela Becker-Diaz
    Chances of Change of Custody if Petitioner Has a Criminal History, Non-Support
    My question involves a child custody case from the State of: California

    I was divorced in 2010, I was granted sole legal and physical custody of our 2 boys. My ex husband is a repeat drug offender who has not been out of prison for more than 2 years consecutive in the last 15 years. he was recently released from prison after serving almost 4 years for yet another drug offense. he has a history of violent crimes and domestic violence against me. In addition he was sent to a psych hospital for evaluation in 2010 after he took police on a high speed chase. He wants custody of our 2 boys I think he wants the SSI they get and the right to claim them on taxes, never the less he is threatening to take me back to court. I should also mention he has never paid a dime in child support and still does not pay me anything. What is the likely hood a judge would give him any custody?
  • 10-19-2014, 08:14 AM
    Dogmatique
    Re: Can My Ex Husband Get Custody
    Joint Legal custody? Incredibly doubtful, but possible.

    Physical custody? Not one single chance. He may still get some sort of visitation, and you can request supervised visitation if that happens.

    Don't fret over this. He likely knows he has no chance, and is trying to scare you. Don't allow him that much power over you. And talk to your local CSE - if he's that far behind, they may need a nudge in order to intercept his tax refunds.

    You might want to consider filing to modify the current order so that any and all communication is through My Family Wizard (it's $99/person/year but it's worth its weight in gold).
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