Can I seek supervised custody for my ex if I feel he is has poor judgment and is endangering my daughter? 4 Answers as of March 21, 2011

I'm extremely worried about the safety and morality of my daughter My ex-husband has really poor judgment and if there is trouble he can get into, he will even while he is caring for a minor. For example, his daughter was showering with him and washing his back when she was in third grade. When I found out, I put a stop to it. That issue has since been resolved. My ex husband is a repeated drunk driver and has a long DUI record to prove it. While I'm debating about this issue, another issue arises. Now I have another reason to be concern. My ex-husband is living with a woman and I personally don't care how he lives his life. The only thing I ask is that on his weekend with my daughter, he can have his girlfriend over for a visit, but not sleep over night while my daughter is there. He basically told me he is going to do what he wants. He is right, but I have an 11-year-old daughter who I worry about. What are my rights? Will the court grant me sole custody and my ex-supervised custody of my daughter if I seek it? I live in CA and my ex currently has joint legal custody and a physical custody of my daughter every other weekend. What can I do? I truly worry about my daughter's well being. I don't want her to suffer anymore. Please advise. Thank you.

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Goldberg Jones
Goldberg Jones | Zephyr Hill
The court must decide what is in the best interest of your child. You should do a consultation with a good local attorney before you decide if you should follow through on this.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
I agree that your daughter's father is demonstrating poor judgment. I would run your motion, that is, an Order to Show Cause (OSC), re: Modify Custody and Visitation. At least the Court could refer you both to Mediation and you could air your concerns. Ask that the Mediator interview the child. You could then discuss the matterin open Court, with the benefit of the Mediator's recommendation, and even ask for an evaluation, pursuant to Family Code section 3111.
Answer Applies to: California
Replied: 3/21/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
While your case may qualify for a reduction in time, a change in custody, and supervision of the visits, the fact that he has a girlfriend come over and stay the night during his visits will not necessarily be relevant, provided that your daughter is not exposed to things she shouldn't be exposed to (for example, girlfriend walking around naked). Each case is dependent upon the specific facts. I would be happy to discuss the case further with you. Please call me for a free consultation.
Answer Applies to: California
Replied: 3/21/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can seek supervised visitation, but on the facts that you presented, you may not receive the order you want. You would need to show a material change of circumstances has occurred since the time of the Judgment. If your ex-husband had a long history of DUIs prior to the divorce, that is not achange of circumstances. If your ex-husband has had recent DUIs since the divorce, that may be persusasive to the Court. If your ex-husband was showering with your daughter before the Judgment, that is not a change of circumstances. If it was after the Judgment, that may be persuasive to the Court. The Court will likely not be impressed by evidence that your ex-husband's girl friend lives with him, and is present when your daughter is visiting him. In the mid 1970s, I presented that sort of evidence to a Court, hoping that it would impress the Court to restrict visitation, and the Judge responded: "We are in the 1970s - lots of people do that".
Answer Applies to: California
Replied: 3/21/2011
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