Legal Question in Family Law in California
Im a single father who has had full physical custody, and joint legal custody since august of 2013. The mom has visitation twice a week supervised by me. Court modifications stated she was not allowed to have any drug, or police interactions. She has been incarcerated for almost 3 months still on trial for serious charges. My questions are... 1. Should i follow a suspension on visitation, and custody after or while incarceration. 2. My past child support case with her has been closed with arrears paid off after i obtained custody. The comissioner was not aware of the custody which i had for over a year. I was given jackson credit. I was not exlained what it was. What does this mean? Were they expecting me to pay something still?
2 Answers from Attorneys
a Jackson credit allows the payment of child support by taking care of the child and paying for food, clothing etc in lieu of paying cash directly to the other parent. Your statement that your arrears case has been closed indicates that you no longer owe child support to mom or the state.
Without knowing the charges and potential prison term and the age of your child the answer to your question, as to the time for requesting a change in visitation. Do the present charges in some manner increase the danger to your child? To answer that question you need to consult with an attorney.
In light of mothers incarceration, you should go to court and ask for sole legal and physical custody.
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