Legal Question in Family Law in California

Full legal and physical custody

My Ex-husband and I have papers filed for our divorce and custody from 8 years ago. He has never used his visitation consistly. He has been in prison twice since the original order, and he is now in prison again. I have been told that he got an 8 year sentence. My children are 11 and 10 and I want full legal and physical custody of them. I am also thinking about moving out of state and do not want any legal problems. What paper work do I file in order to accomplish the above objectives? He's also behind in his child support approx. $50,000, this is through the D.A.'s office already. Also, when I serve the forms, do I mail them to the prison? Or is there something special I have to do?


Asked on 6/14/04, 6:51 pm

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

Re: Full legal and physical custody

Contact the prison facility and request that they serve the papers on him. However, if you are filing a motion to obtain a court order allowing you to move out of the state, you can serve him by mail. Be sure to point out in your supporting declaration the minimal contact that dad has with his children.

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Answered on 6/16/04, 2:52 am


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