Legal Question in Family Law in California

can i go for and gain custody while the non custodial parent is incarcerated?


Asked on 7/09/10, 6:51 pm

3 Answers from Attorneys
ATYRIA CLARK ATYRIA S. CLARK & ASSOCIATES, ALC

Please elaborate on your situation. Are you the mother or the father?

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Answered on 7/11/10, 2:26 am

It doesn't matter who's the mother or father. Yes, if the othe parent is incarcerated, you can go in for full custody during the incarceration. There are special rules for serving legal process on incarcerated persons, though, so make sure you understand and follow the rules.

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Answered on 7/12/10, 2:58 pm
Anthony Roach Law Office of Anthony A. Roach

Who has custody now? Surely the child is not in prison with the custodial parent.

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Answered on 7/14/10, 4:16 pm


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