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Father is on drugs and awarded joint custody

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Faith4

Junior Member
What is the name of your state? CA

I have really hit a brick wall here. My ex had been using meth which I was unaware of. He was always emotionally abusing but all of a sudden became extremely paranoid and started thinking I was having multiple affairs, he would wake me up 10-15 times a night. He hired someone to follow me and placed a recording device in our home. He then filed for divorce and left me and our two children. His attorney advised him to ask for a custody evaluation. We went through extensive testing and they gave him joint legal and joint physical custody. He was brought in by police on a 5150 and the evaluators never looked into this. How can this happen? There was so much evidence that he was not in his right mind. He continues to be a danger to my children. I have spent so much time and energy trying to protect my children. The custody is up for a review pending his medical records what can I do at this point to ensure my children's well being.
 


LdiJ

Senior Member
Faith4 said:
What is the name of your state? CA

I have really hit a brick wall here. My ex had been using meth which I was unaware of. He was always emotionally abusing but all of a sudden became extremely paranoid and started thinking I was having multiple affairs, he would wake me up 10-15 times a night. He hired someone to follow me and placed a recording device in our home. He then filed for divorce and left me and our two children. His attorney advised him to ask for a custody evaluation. We went through extensive testing and they gave him joint legal and joint physical custody. He was brought in by police on a 5150 and the evaluators never looked into this. How can this happen? There was so much evidence that he was not in his right mind. He continues to be a danger to my children. I have spent so much time and energy trying to protect my children. The custody is up for a review pending his medical records what can I do at this point to ensure my children's well being.
Did the JUDGE rule that he was to have joint legal and physical custody, or was that simply the evaluator's recommendation? If it was the evaluator's recommendation you have the option to dispute that recommendation with the judge. I hope you have an attorney, because you really need one.
 

bononos

Senior Member
"He hired someone to follow me and placed a recording device in our home."

Did he prove something against you?
 

casa

Senior Member
bononos said:
"He hired someone to follow me and placed a recording device in our home."

Did he prove something against you?
Doesn't matter because CA is a "no-fault" divorce state, and it's also illegal to record someone without their consent (CA is a 2 party state)

OP the court will not see the police report of the 5150 unless you file it, or you advise the evaluator of it. It's your responsibility to file any relevant documentation &/or let the court know what is going on.

You really need to get an attorney- because CA favors joint custody...and the courts rely heavily on the recommendations of an appointed evaluator. If the evaluator did not know of X's mental health issues or police reports, an attorney needs to argue the evaluation was not complete &/or was biased.
 

Faith4

Junior Member
casa said:
Doesn't matter because CA is a "no-fault" divorce state, and it's also illegal to record someone without their consent (CA is a 2 party state)

OP the court will not see the police report of the 5150 unless you file it, or you advise the evaluator of it. It's your responsibility to file any relevant documentation &/or let the court know what is going on.

You really need to get an attorney- because CA favors joint custody...and the courts rely heavily on the recommendations of an appointed evaluator. If the evaluator did not know of X's mental health issues or police reports, an attorney needs to argue the evaluation was not complete &/or was biased.
Thank you for your input. It was very helpful. I did tell the evaluators about the 5150 and many other odd behaviors. He did test positive for Meth however they chose not to look into the records. When I went to court I appealed and so the judge then supeoned the medical records. It is now up for review. My fear is that the evaluators will slap him on the hand and say not to do it again and still let him have joint custody. I am not opposed to our chilldren spending time with their father. I understand how important it is for them to have him in their life. I just need to be sure that as their mother I am doing everything I can to ensure their safety. He recently received a DUI and on another occasion left the children in the car while he went into a bar. They are very young and do not belong left in a car at any time by themselves. There are many other instances where he has put them in danger, CPS was called by the children's therapist as well. If the evaluators take and review all the records given to them and still recommend joint custody, Could I then ask the judge for another evaluation by another private party this time one the judge himself recommends and not one the other parties attorney recommended and paid for? Thanks again
 
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californiadad

Junior Member
Ca favors joint custody???

casa said:
Doesn't matter because CA is a "no-fault" divorce state, and it's also illegal to record someone without their consent (CA is a 2 party state)

OP the court will not see the police report of the 5150 unless you file it, or you advise the evaluator of it. It's your responsibility to file any relevant documentation &/or let the court know what is going on.

You really need to get an attorney- because CA favors joint custody...and the courts rely heavily on the recommendations of an appointed evaluator. If the evaluator did not know of X's mental health issues or police reports, an attorney needs to argue the evaluation was not complete &/or was biased.
Where does it state that California favors joint custody? I found out the hard way that it does not. Any help would be appreciated.
 

snostar

Senior Member
Faith4 said:
T When I went to court I appealed and so the judge then supeoned the medical records. It is now up for review. My fear is that the evaluators will slap him on the hand and say not to do it again and still let him have joint custody. I am not opposed to our chilldren spending time with their father.
Once the court has the records of the positive test request temporary custody with supervised visitation only, and continued court ordered drug testing.
 

casa

Senior Member
californiadad said:
Where does it state that California favors joint custody? I found out the hard way that it does not. Any help would be appreciated.
Start your own thread~ Give information re; ages of children, distance between you & the other parent, current court order etc. and you'll get more input/advice.

The OP on this thread is doing the initial custody determination. Yes, CA favors joint custody. Joint legal is almost a given...and joint physical when the parties are close enough and able to cooperatively co-parent.

However, CA also does not like to change existing court orders. So, if you already have a court order where a judge made a ruling for custody/visitation~ It's very difficult to change that. There must be a significant change of circumstance in order to justify changing an existing order.
 

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