Richmond, VA asked in Family Law for California

Q: Hello,I am writing you as a father who is seeking, at the very least, 50/50 custody of my daughter.

I have things in my record that are preventing me from getting to see my daughter.

I would never hurt my daughter or expose her to anything... How do I get the court to see passed my past?

Desperate Father

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2 Lawyer Answers
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: It depends on what is in your past, how serious each offense is, how long ago it occurred, etc. If what you have poses a current risk to your child, then you might be prohibited from seeing her even now. Assuming that you have nothing imminent, though, the general method to gain visitation is to show that you have turned your life around. You might have to start off with supervised visitation once per week. If you're unemployed, get a job. If you have no stable housing, get stable housing. 50/50 custody is obviously preferred, but for a variety of reasons, it may not be possible even under the best of circumstances.

Andy

Kathryn Irene Phillips
Kathryn Irene Phillips
Answered
  • North Hollywood, CA
  • Licensed in California

A: If you have a criminal record for sex offenses, domestic violence or other violent crimes, or a history of drug or alcohol abuse or addition, if you are awarded visitation with your daughter, you will probably have only professionally monitored visitation of your child for a couple hours a couple of times per month. You will have to pay for the monitor. If drug and alcohol abuse are part of your recent past and are currently issues, then drug and alcohol testing will most likely be part of any order you obtain.

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