Los Angeles, CA asked in DUI / DWI, Family Law, Car Accidents and Child Custody for California

Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?

He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court order again because I found a hand print on our sons arm and called CPS. This man is also overdramatic and constantly trying to make me look bad. Am I going to win this custody battle?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current behavior and rehabilitation since being released. However, the conviction alone may not automatically render them incompetent as a parent.

You did the right thing by calling CPS when you noticed something concerning, like the handprint on your son's arm. The judge will take into account all evidence, including any signs of potential abuse or neglect. It's important to gather all relevant documentation and work closely with your attorney to present a strong case for your child's safety and well-being.

Stay focused on your child's needs and well-being throughout this process. While it’s understandable to feel anxious, maintaining a clear and consistent approach with the court will be crucial in determining the outcome.

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