Do I have a chance on getting custody or weekend rights?

UPDATED: Aug 22, 2012

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Do I have a chance on getting custody or weekend rights?

I have a drug charge from years ago and my ex doesn’t have a record but her new husband has a charge for raping a minor. We do not go through child support now I pay her every week thru her bank. However she is always very limited with the time I get to see my 10 year old daugther. Would I have a chance on getting any type of custody? Also, I make $2000 a month do you know about how much child support I would have to pay if we go through the child support system?

Asked on August 22, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

In making any custody determination a court would look at the best interests of the child.  As part of the best interests of the child, the court is supposed to look at your alcohol/drug use and also any criminal convictions of persons living with the other parent.  IT would be up to the judge's discretion, but most judges are going to weigh rape of a minor much more heavily than your old drug charge. 

You need to file an order to show cause to change the custody and child support.  You can do both at the same time.  I can't tell you how much child support you would have to pay without more information, but if you do a google search for "child support calculator california," you should be able to find some useful tools.  PLEASE go see a local family law attorney. 

If you are in the Los Angeles or Ventura County area, feel free to contact me.

Best of luck, and remember being a dad comes first.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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