Legal Question in Family Law in California

1202.05 and 362.6

Per PC 1202.05 we need to file a motion with Hayward Superior Court requesting them to refer a case back to San Joaquin Juvenile Dependant Court to rule on WIC 362.6 so my fiance can get contact and family visits with his daughter while he is incarcerated. Penal Code 1202.05 says we must reqeust the hearing through the sentecing court first and they will refer it back to the juvenile court. What forms do I need to complete to file a motion with the Hayward Superior Court to request a hearing on this matter?


Asked on 4/14/05, 2:02 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: 1202.05 and 362.6

You would need to file a notice of motion, this form can be found in the county library in a book on criminal law. The chances of success are slim. Apparently he was convicted of some sort of sexual abuse against his daughter. It will be difficult to convince the juvenile court that visitation with his daughter is in her best interests. If you have any children under 18, further contact with him could jeopardize your continued custody or contact with your children.

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Answered on 4/18/05, 1:55 pm


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