Can I get child custody despite being on probation if I am living in California? 3 Answers as of March 22, 2011

Do I have any chance of getting my child back? My son is 12, and has been living with his father since he was 4. I am currently sober, but had a past of drug abuse. I am on probation, and have a stable home. Can I do anything to help me gain custody of my child?

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Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Perhaps. Although you have had some issues in the past, it may be possible to get you time with your son. I would not suggest that you consider the possibility of primary custodial time for a while, however. Please contact me for a free consultation to discuss your options.
Answer Applies to: California
Replied: 3/22/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes it is possible, but you will need to show to the court that it is in your child's best interests to move to your home. If the child is doing well living at dad's the court will not want to "rock the boat". Either way you should ask for more time if you are being limited.
Answer Applies to: California
Replied: 3/22/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
It is unlikely unless father has problems. The child has been with father about 8 years. So, you will need to show a compelling reason to change custody. Now, you will be able to get some custody if you do not have any at this point. But it will be difficult to change primary custody.
Answer Applies to: California
Replied: 3/22/2011
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