Legal Question in Family Law in California
My ex husband is likely to be arrested soon for embezzlement charges. If that happens, is a judge likely to grant me full custody of our children and an immediate divorce while he is in jail and pending the outcome of his charges?
Asked on 4/17/11, 12:41 pm
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
Being arrested is not the same as being convicted and placed into jail. You would not get full custody unless you can show he will not be physically present to take care of them. He is not your ex-husband if you are not yet divorced. He will be offered bail so may not be in jail awaiting his trial.
Answered on 4/18/11, 9:45 am