Legal Question in Family Law in California

My husband and I have joint legal and physical custody of our 2 high school aged children. He has plead guilty to a federal crime of conspiracy to commit fraud and is being sentenced on Thursday, October 1, 2009. I want to go in ex-parte before he is sentenced to request sole legal and physical custody. What should my ex parte notice state? I also do not have a current address or phone number for him to have him served at, but do have his criminal defense attorney's contact information.


Asked on 9/29/09, 9:26 pm

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

First it is unlikely that the court will grant sole legal and physical custody ex parte. Second what will be his sentence. If he goes to prison, how long will he be in custody. The length of his prison sentence may be sufficient to resolve the issue. If he is not sent to prison the court may not give you sole custody. Waiting until after he is sentenced will give you more information about the situation.

Read more
Answered on 9/29/09, 9:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California