Family Law Questions? Ask a Family Lawyer Online.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your daughter's difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Is there any evidence that the husband may be using drugs currently? How long ago did the criminal convictions occur?
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Yes i think that he is currently using drugs and drinking. When he is nice he tells her by text that he is saving money to go into a one year program. His first criminal conviction was in 1998 for 5 years when he was 21. His midemeanor was in 2009 for four months in jail. His drug felony was in 2011 for eight months in prison. He was released in February 2012 and had one year probation but no one ever checked up on him.
I see. Thank you for the additional information, Lynne.Under these circumstances, since there are recent convictions and evidence that the father continues to engage in criminal behavior including use of illegal drugs, he would not be likely to gain joint custody of the children if these facts are introduced into evidence in a divorce proceeding.This could even be enough to have his parental rights involuntarily terminated, but that can be a tough legal battle. However, a court would not normally grant the father joint custody with this kind of track record. Your daughter could request that he have no visitation or only supervised visitation and comply with random drug testing if he pursues visitation rights, so there are safeguards in place to protect the children.However, at most, I would expect a court to grant limited supervised visitation by the father in the best interests of the children to ensure they are protected.Here is a link which describes supervised visitation:http://www.courts.ca.gov/1190.htm
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I have told her that she should file for divorce immediately. I suggested that she talk to the Legal Aid Society in San Diego to start (she has been in the 'poor' level for the last few years but in October got a job making $60k per year). Is the Legal Aid a good place to start or should we hire an attorney that has been recommended to us but is expensive? I also suggested that she talk to them about a TRO as he texted her last night that he was waiting outside her house and she didn't want to go home and stayed at our house which is an hour away. He sent 21 harassing texts yesterday.
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