How can I get full custody of my child? 3 Answers as of May 16, 2011

4 years ago I was arrested for procession of narcotics. It wasnt a good time for me. I have taken classes and have been clean ever since. I have a great stable job, recently promoted, wife, kids and just recently bought my first home. I currently have legal shared custody of my son. We both live in California. Last week my 8yr old son told me that his mom smokes marijuana regularly and he has seen her do it on more than one occasion. He said they go to a friends house. I cant believe my son has been exposed to this. I am pretty sure this means shes driving back home with our son UTI. I would like to know what I have to do to get full custody of my son and what are the chances of me winning in court. My sons grades are getting worst with time and I think its a result of her being irresponsible. Can I take her to court in the county where I live? How can I prove that she is being irresponsible? Can I request a drug test in court? If I hire a p.i would the court accept his findings as proof? Sorry for the lengthy story, however I felt it was necessary to better understand the scenario. Any answers would help.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You have a difficult case. First you must hire a family law attorney who is aggressive in the county where the last court order was filed, if you have never been to court then the county where the child lives. You must have proof of her bad behavior or you will waste your time. You can no longer force a parent to take a drug test, but if you make a big issue out of it maybe she will consent to the drug test. Get copies of your child's grades, attendance and any other info you can to use against her.
Answer Applies to: California
Replied: 5/16/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
We had a similar situation. The court can order drug testing or help for Mom. Driving while uti bothers me. This is not good and needs to be addressed. There could be several hearings and you have to be sure she is doing drugs. Consult an attorney if you think your son is in danger in the car or in the house.
Answer Applies to: California
Replied: 5/16/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Obviously, your past will effect your request, however if you have been on the right track, the court will consider your requests. Generally, marijuana use is not grounds to completely change custody and visitation, however driving under the influence is a serious issue that the court will consider. The services of an experienced attorney can be of great benefit to you. If you are in my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/13/2011
Click to View More Answers: