Legal Question in Family Law in California

I want to file for full custody for my 2 year old daughter. Her father is in prison and doing 3-5 years. He has various charges one i know is for domestic violence towards his ex-girlfriend and i know he was doing drugs. If i wanted to file for full custody what is the process and how would i be able to serve him the papers for custody when he is in prison? Will i have to gather "proof" that he is in prison? And will the judge ask me to gather proof of the reason why he is in jail? Or will they know by pulling up his name? I would really appreciate my questions to be answered i know it's alot but i wanna make sure that i do everything correct and i know what to expect. Thank you very much!


Asked on 2/02/11, 7:46 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

You should file for sole custody right away since you already are the primary and sole parent if the other parent is in prison. You would need to get the criminal record to show the court that the other parent is in prison and unable to care for the child for several years. You might be able to get the other parent to agree to your rquests if you also agree to have some visitations with the parent in prison. I don't see your case being difficult to get because there is no other options for the other parent.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/04/11, 10:43 am


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