Legal Question in Family Law in California

concerns about child custody

I have a pending case which involves a divorce,child custody, and order to leave the state. My question is do i need to have permission to leave the state if my husband in in prison. He has not seen our child since she was 6 months old it has been 4 years now. Im taking my case to court so i can get sole custody and get order to leave the state since my mother has left california and i no longer can afford to live here. Since he has been in prison can i get sole custody and leave or do i need to wait until the case is closed here.


Asked on 1/20/06, 6:28 pm

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

Re: concerns about child custody

The court considers several factors when making a decision regarding a move away order. One of the factors is the reason for the move. In your case your desire to move is to get family support. Another factor is the relationship between the parent and the child. In your case father has had little relationship with the child. However, the child is still very yound and could develop a relationship with the child. The reason that father was sent to prison would also be a factor that may influence the court. If he was convicted of a violent crime or sex crime then the court would use that as a factor in your favor. If he is still in prison and will be in prison for some time in the future should be brought to the attention of the court.

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Answered on 1/24/06, 10:45 pm


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