Legal Question in Family Law in California

filing for custody while father in prison

I want to file for full custody of my 3 year old son. His father has been in and out of jail since he has been born. He is now serving time in prison. Am I able to file for custody while he is in prison? I don't know where to start this process but want to be done BEFORE he gets out if prison!


Asked on 5/18/06, 3:22 pm

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: filing for custody while father in prison

Call me. I can handle this matter for you forthwith. You can check out my family law website at divorce-legal.net or the family law section of my website that is listed on this system. I will give you a free consultation over the phone.

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Answered on 5/18/06, 9:23 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: filing for custody while father in prison

You should start by contacting the local family court and enquiring about a family law clinic or you should consult with an attorney. You have not provided enough information to allow any comment about where to start. The approach would depend upon whether or not you and the child's father are or were married. If you were not married, is there a determination that he is the father? Also what are the crimes he has been convicted of and how long will he be in prison. This information is needed to determine where and how to start the process.

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Answered on 5/18/06, 4:04 pm
Jason Shyres Law Offices of Jason Shyres

Re: filing for custody while father in prison

If you want custody, file now.

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Answered on 5/18/06, 6:22 pm


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