ACFLS
State Bar of California
AVVO Featured Attorney Family
Santa Clara County Bar Association
AVVO Top Attorney Family
AVVO Clients' Choice
Super Lawyers 2022
Super Lawyers 2023

“Teen Mom” Considering Filing for Sole Custody After Baby Dad’s Arrest

Kailyn Lowry, from the MTV show “Teen Mom” may be seeking sole custody of her child, according to TMZ.com. Apparently the baby’s father, 19 year old Jonathan Rivera, was arrested for being under the influence of marijuana in February, 2011. TMZ reports that Kailyn and Jonathan currently share custody, but based on this new information, it looks like Kailyn might request that Jonathan no longer have the child in his care.

Per California law, depending on the outcome of Rivera’s arrest, Kailyn may have a good case. The California Family Code provides that “…it is the public policy of this state to assure that the health, safety and welfare of children shall be the court’s primary concern in determining the best interests of the child when making any orders regarding the physical or legal custody or visitation of children.” (Cal. Fam. Code §3020.) Additionally, Family Code section 3011 specifically provides that the court SHALL consider (among other relevant factors): “the habitual or continued illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.”

Obviously there are many other factors to consider and we don’t know the full story here, but if the court were find that the baby’s father was habitually or continually using illegal drugs, the court could grant the mother sole legal and/or physical custody. With allegations of drug use, the court could order an emergency screening, which would allow a court appointed evaluator to interview all involved parties and provide the court with an opinion as to what is in the best interests of the child. The court could also order drug testing and other preventative measures, such as supervised visits.

At Mello & Pickering, LLP we handle custody and visitation issues of all types. Whether you have questions about your rights with regard to custody and visitation or are concerned for your child’s welfare due to the other parents’ actions, give us a call to set up a free consultation or an in person meeting at (408) 288–7800.

Client Reviews
★★★★★
Thank you all for the exceptional personal service. I have the utmost gratitude for everything that you do. Anonymous
★★★★★
Thank you, you've been fantastic through the entire process. Would definitely refer you to others. Anonymous
★★★★★
THANK YOU!!!!! You made my divorce very easy. Anonymous
★★★★★
You were very well-spoken, well-prepared, and amazing thinking on your feet. Calm and professional. I was impressed. Thank you. Anonymous
★★★★★
Thanks again for all of your support and terrific work. It is hard to find a good lawyer that looks after their client and truly cares about them and their children. I truly believe that you have my best interest at heart. Anonymous