QUESTION: We were married for over 7 years and have two very young boys. I filed for divorce due to a pain pill addiction and mental and verbal abuse. I petitioned for 90/10 for child custody, myself having the boys 90 percent of the time. He told me he is going to fight for 50/50, but the divorce defaulted, so I am wondering if he can still ask for more custody. I also don't think he should have the boys any more than one weekend a month because he got fired from his job due to showing up to work on too many pain pills and does not have a job. He is getting money from his family members and is barely making it financially. He also lives with his brother who is currently at rehab for the fourth time due to the same thing. Lastly, it is obvious to everyone who knows us that he is not a good dad. He would hardly do anything with our kids, or changed diapers or make bottles. I was left to take care of them all the time and was pretty a single mom while married to him. My last question is, can he fight spousal support if the divorce defaulted. He just didn't do anything with the papers and decided after the fact to respond. Also he has told me that he has quit the pills and I think I believe him, but don't know for sure. I feel my job is to protect my sons.
MY RESPONSE: Because your husband's default was entered, he cannot participate in the default hearing. At the default hearing, you can testify about your husband and his conduct, and request that the Court provide him very limited visitation. It may, however, be a bad idea to request that he have one weekend a month visittation (i.e., 48 consecutive hours) if he is such a risk. It may be better to request that he have two to four short (i.e., up to 8 hours maximum) visits with the children per month, perhaps supervised by a professional visitation monitor or a trusted family member or friend, to avoid risk of harm to the children.
If your husband's default was entered, he can't fight anything at the default hearing - whether child custody, visitation, spousal support, etc. - but if he is unemployed, it is doubtful that the Court would award you spousal support - the Court might however retain spousal support jurisdiction, so that you could later seek spousal support if and/or when your husband becomes re-employed.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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