November 6, 2013 By Paul Wallin

A client recently came to us with a child custody issue where the father of her children admitted to her that he was abusing illegal drugs. She did not know what to do, as she was very worried for the safety of her children when they were in the care of their father. The father had primary physical custody and had custody of the children for a larger timeshare than our client. Our client turned to us to file an ex-parte, or emergency, pre-judgment motion to change the custody orders so that she would have primary physical custody. Wallin & Klarich was able to successfully file an ex-parte request for child custody orders for the client.

Changing Custody Orders before a Final Judgment

ex-parte request for child custody orders
Wallin & Klarich recently assisted a client file an ex-parte request for child custody orders after it was discovered that the father was abusing illegal drugs.

In child custody cases, whether there are current court orders in place or no court orders, the courts will evaluate what is in the children’s best interest in making custody orders. Thus, all orders involving child custody and visitation are made based on what the judge believes is in the best interest of the children involved. Under California Family Code Section 3011, the court will consider the following factors in making a child custody and visitation determination:

  • The emotional relationship between the children and each biological parent;
  • The age of the children;
  • The health of the children;
  • Each parent’s ability to care for the children;
  • Whether either or both parents abuse alcohol or drugs; and
  • The children’s involvement in the community and where they go to school.

As the father of the children had admitted to using methamphetamine, our client was alleging that it was not in the best interest of the children to be in the care and custody of the father without the assistance of a professional supervisor. The father was adamant with us that he had not been using methamphetamine at all so it was very important that we request the court to order random drug testing.

Ex-Parte Request for Child Custody Orders Based on the Best Interest of the Children

We filed an ex-parte request to change the temporary custody orders so that our client would have primary physical custody with professional supervised visitation for the father as our client believed that he had been abusing illegal drugs. Further, we requested that the court order the father to take random drug tests at our client’s request so that we could confirm he was using illegal drugs.

We submitted a declaration of our client and made strong oral arguments about what the children had told their mother, as well as the father’s admission. The court ordered him to take random drug tests, and if he tested positive for illegal substances, then he would have supervised visitation with the children every other weekend.

After the hearing, we requested the father take a random drug test, and he tested positive for illegal drugs. Our client had succeeded in protecting her children because now the father could only have visitation with the children if he was being supervised. Our client was very pleased with the outcome of her case.

Call the San Bernardino Child Custody Attorneys at Wallin & Klarich

If you are involved in a child custody battle, it is very important that you speak with one of our experienced San Bernardino child custody attorneys. The family law attorneys at Wallin & Klarich have over 30 years of experience in handling child custody matters and possess the knowledge of the law and attention to detail necessary to help you obtain the most favorable result in your case.

With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Sherman Oaks, Torrance, West Covina, Victorville, and Ventura, we are always available, wherever you happen to live.

Call us today at (888) 749-7428. We will be there when you call.

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