My question involves a child custody case from the State of: California
State: California
My ex-wife and I have been divorced for 5 years.
Main reason for our divorce is that she was an alcoholic and addict.
We have a 7 year old daughter. Currently we have a 50/50 custody agreement (daughter spends equal amount of time with mom and dad). No child support.
Timeline:
- Ex-wife got arrested for DUI and child endangerment in late 2009.
- She went to rehab for 4 months in 2010 (for alcohol and prescription drugs addiction).
- She went back to rehab for 3 months in 2012 followed by 3 months of sober living (alcohol and prescription drugs).
- A couple of weeks ago, she was arrested for domestic violence and being under the influence (heroin) after a dispute with her boyfriend (boyfriend also taking heroin and meth). My daughter was not with them at that time, thanks goodness.
- Ex-wife was released. All charges (2 misdemeanors, 1 felony) got dropped last week.
- Ex-wife has been in treatment (therapy) multiple times and in constant recovery (AA meetings etc...) between each incident until she relapses again. Whenever she spent time in rehab or sober living, I took care of my daughter full time (with no financial support or help from her mom, and sometimes with very little notice).
With the last incident, I believe it is no longer safe for my daughter to be around her mom and her boyfriend. She has recently lost her job; boyfriend can't keep a job for more than a month. Both are addicted, whether it's heroin or meth.
I learned from one of my ex's relatives that in late 2013, there was an incident where of the boyfriend's friends OD'd at their apartment while my daughter was sleeping there. They hid my daughter in their car before the police came.
For some reasons, I was never contacted by either the police or Child Protective Services.
My ex has sworn to me that she is going to get better and stop all drugs.
She is OK with doing drug testing. I just doubt quitting heroin is just as easy.
I want to change to custody agreement but I don't know where to begin.
My divorce 5 years ago has already cost me a lot of money and I don't want to get a lawyer again.
Can I just go to Court and modify the custody agreement without a lawyer?
My ex understands why I want to keep my daughter full-time and let her have supervised visitations.
She wants to know for how long the new custody agreement will be in effect? And what she needs to do in order to get half custody of our daughter again.
What can I realistically expect from the court? Does the court decide the conditions or do I?
Any advice or suggestions are welcome.
Thanks for reading.
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Anyone here?

