Responding to Emergency Custody Request

[jimsumo]

My question involves a child custody case from the State of: California
My child's father, who lives out of state, filed an emergency hearing request for custody in my state. We had our first hearing and I was able to retain custody until our next hearing. I don't know if I am required to file a response or if I just wait until the next hearing. I responded to his false allegations in the first hearing, I'm just not sure if I need to file a response or have anything prepared for the second hearing. I had received a DUI (my child was not with me) the father found out and came to my state and tried to take our child out of state. We did not have a custody order at that time. I refused to let him take him in fear he would flee California with him, which he stated he was going to do. I have otherwise never restricted visitation, our son has spent school breaks with him in his state and the father is welcome to come to California to see him anytime. The father then filed with false statements of me endangering my child and stating I do not allow him to see the child. I just didn't let him see him that day because he already threatened me and I didn't want our son to witness a dispute. I was honest with the judge and he gave me some orders to follow until our next hearing. Any advice on how I should prepare for the second hearing?

[adjusterjack]

I can't blame him for coming down hard on you. Booze and stupidity are inseparable. That you boozed and drove once is a fair indication that you'll do it again and the next time you could be stupid enough to have your child with you with disastrous results.

There is nothing false about a statement that you are endangering your child by being a drunk driver.

If I was the judge I wouldn't think twice about giving your ex custody of your son until your DUI probation period was over.

[Mark47n]

I can't blame him for coming down hard on you. Booze and stupidity are inseparable. That you boozed and drove once is a fair indication that you'll do it again and the next time you could be stupid enough to have your child with you with disastrous results.

There is nothing false about a statement that you are endangering your child by being a drunk driver.

If I was the judge I wouldn't think twice about giving your ex custody of your son until your DUI probation period was over.

This is bollocks. You cannot hold someone responsible for something that they didn't do. The child was not in the car and the OP mentioned nothing about any other issues that could be construed as endangerment.

This is one of those times that you need an attorney. You're on a tightrope and it doesn't take much to tip to one side or the other.

[jimsumo]

I know it was a huge mistake and not my usual behavior. My question wasn't about my behavior but thanks for the criticism. I was honest with the judge about the DUI. He didn't consider it a reason enough to take custody from me in an emergency hearing. I am an excellent mom, I just had a night out that went wrong. Still seeking advice on if I need to file a response. Thanks.

[llworking]

I can't blame him for coming down hard on you. Booze and stupidity are inseparable. That you boozed and drove once is a fair indication that you'll do it again and the next time you could be stupid enough to have your child with you with disastrous results.

There is nothing false about a statement that you are endangering your child by being a drunk driver.

If I was the judge I wouldn't think twice about giving your ex custody of your son until your DUI probation period was over.

Sorry AJ but I think that your response is out of hand. There are people who make a mistake by thinking that they are ok when they are not. That does not mean that they are a habitual drunk driver or that they would EVER drink even one drink and drive with their child(ren) in the car. You had no basis for that kind of harsh condemnation.

[adjusterjack]

Nope. Not buying it. Seen way too many posts from people asking what they can expect from their second and third DUIs. There's no excuse for drinking and driving. A "night out gone wrong"? How tough would it have been to call a taxi instead of getting behind the wheel? I would like an answer to that question.

[cdwjava]

No one hates DUI more than I do, but a DUI is rarely ever an issue out here for custody matters unless there is a pattern of behavior associated with it. A single DUI absent a pattern of inebriation in the presence of the child or in a manner that might endanger the child will scarcely be an issue here. If it were, I can think of a great many children that would not be in the homes of their custodial parents.

Jimsumo, if you do not know whether a response is required or not, you should probably hire an attorney to assist you. These are the sorts of things that can cause you to lose custody. If you fail to make a timely and proper response as might be required, you may lose the opportunity to act or explain yourself. Your child's father may have a good argument to make for the child to be in his care, or, he might not. We can't say. If he can show that you have a pattern of alcohol abuse, you could lose your child. Only you know how much you use or abuse alcohol. But, that being said, statistically, the first DUI arrest is NOT the first time you have driven impaired. Depending upon the source, it could be just one of a dozen or more ... or, only 5. In any event, it's almost certainly not a single and isolated event, it was just the first time you got caught. And, the arrest should hopefully be a wake up call.

Consult an attorney to assist with the custody case.

[searcher99]

Still seeking advice on if I need to file a response. Thanks.

I have no special knowledge in this area, but by searching I can see that the California Courts have good self help information online.

I would read the California Courts page called Responding to a Custody Request. Probably it’s safer to file a written response, which based on the above link looks to be the Responsive Declaration to Request for Order (Form FL-320) and there are specific steps in the above link you must follow regarding service to the other parent at least 9 days prior to the hearing. You can get limited assistance with filling out forms from the Family Law Facilitator in your county.

Of course it’s best if you can also consult with an attorney even if you do some things yourself.

[pg1067]

Any advice on how I should prepare for the second hearing?

The only valid advice you can get from anonymous strangers on the internet in response to this question is that you should retain the services of a family law attorney. That said, if there are presently no orders in place regarding custody, visitation and child support, you definitely need to file a written response to the petition that the father filed.

If I was the judge I wouldn't think twice about giving your ex custody of your son until your DUI probation period was over.

That's why folks who focus on irrelevant issues to the detriment of what's relevant under the law don't generally become judges.

Nope. Not buying it. Seen way too many posts from people asking what they can expect from their second and third DUIs. There's no excuse for drinking and driving. A "night out gone wrong"? How tough would it have been to call a taxi instead of getting behind the wheel? I would like an answer to that question.

I suggest the OP not take this bait.