Legal Question in Family Law in California
My Brother in-laws wife ( my sister ) is currently incarcerated for murdering thier son,in front of the other two children ( one younger and the other was older), is there ANY California laws to divorce her with out her getting any visitation as well as a non-contested divorce
1 Answer from Attorneys
He should view the California Courts' Self-Help Website on child custody/visitation at: http://www.courts.ca.gov/selfhelp-custody.htm. Based on your facts alone she should not be able to obtain any custody or visitation. See California Family Code Section 3011.
He should view the California Courts' Self-Help Website on divorce at: http://www.courts.ca.gov/selfhelp-divorce.htm. Pertaining to divorce, he will absolutely be able to get a divorce. However, there is no gaurantee that she won't contest certain matters, i.e. property distribution, etc. California is a community property state and the property will be divided accordingly.
Depending on the circumstances he may also want to view information about domestic violence at: http://www.courts.ca.gov/selfhelp-domesticviolence.htm. He could obtain restraining orders to keep the wife from contacting the other children for up to five years or more.
Good luck to your family.