Can we get sole custody and supervised visitation?

Question

My wife's ex has a DUI, drunk on duty charges in the military, a court martial conviction for cocaine use last month, is now being kicked out of the military, tells his son he's a better person and parent than we are by bringing him into his closet and describing each of his medals on his dress blues to him, tells his son he's overweight and dumb (even though his son is an athlete and a GATE student), he lives with 4 other adults, one of who is awaiting trial for cocaine possession and distribution. His wife and him also have a mutual restraining order for fighting with their neighbors, where the neighbor's wife ended up in the hospital. Their neighbors testified against him in his court martial and reported the cocaine dealing initially.

My wife is seeking sole custody, supervised visitation for him until he completes drug treatment, parenting classes, and passes regular drug tests. We live in California.

Answer 1

Yes -- you can and fight for it.

File for an emergency hearing about the Dad and bring up these extraneous circumstances that are leading to her filing for sole custody.  

I know it is harder these days to have sole custody but abusiveness, drugs and alcohol are one of several reasons why this guy should only get supervised visitation.  Also request that the guy get counseling and also get anger mangement courses.

Document, document, document. Also see if the neighbors will testify again for the sake of your wife's son.  You do not want this psycho raising up this poor kid.  

Good luck and get a good lawyer, too.

Answer 2

That man sounds like a "great dad".. I think she will get sole custody  with out a doubt. I just had a divorce and the judge gave me sole custody. tell your wife to read on the laws there. I'm in school now for criminal justice, ( soon to be done) but anyway I'm here if you want to know more.

Answer 3

The wife can choose to file a motion for sole legal custody due to the circumstances of the other parent and settle matters in court with her of her documentations with good cause..mostly likely due to the condition of the other parent, judge should grant sole custody to the mother, your wife.

This matter is between her and him..doing it in court is the best thing for the children..less drama for the children.