Legal Question in Family Law in California

File and serve your motion to modify the custody order for these reasons.

I agree with Ms. Kock. File and serve your motion, (Request for Order,(RFO )) to change custody orders (based on the changed circumstances of other parent being in prison). I would add that you should find out from the prison authorities how to serve the other parent while he or she is in prison before you file so that you can make the deadline to serve the other parent within 16 COURT days before the hearing (add 5 more calendar days if you are allowed, and choose, to serve by mail) You may need to have the other parent personally served. Prisons, state and federal, have procedures for both personal and service by mail.