Oakland, CA asked in Child Custody, Divorce and Family Law for California

Q: second time I have had to take emergency custody of my 8-5yr sons in 2yrs. Will a judge now give me permanent custody?

I also have a restraining order on her, she also was released from jail 3 days ago for DUI child endangerment. Cops said she was past out in the middle of a Residential neighborhood who it a gal of vodka half gone. I think I should get full custody

1 Lawyer Answer
Anthony Regner
Anthony Regner
  • Divorce Lawyer
  • Fairfield, CA
  • Licensed in California

A: Custody is a tricky beast in California. The courts have a public policy to make order for a minor to maintain "frequent and constant contact with both parents." This can sometimes mean that even parents who you personally feel should not have their kids, will end up with custody. One exception to this policy is if the parents are a threat to their child's "health, safety, and/or welfare." Obviously, passed out drunk in the car with the kids qualifies as such a threat. However, this threat must be something that is ongoing, a one-time event, or even a series of events, could fall short of grounds to remove the child from the parent.

This is a very complicated question and many different factors would play into whether someone would get custody of a minor. Are you the other parent, a grandparent, friend, etc.?

Not really something that a quick short answer can solve.

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