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

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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

Answers:

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

Answered 8 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.


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