Legal Question in Family Law in California

Can I lose custody by seeing someone in prison?

I have been divorced for 2 years now. I have joint custody of my 11 yr. old son and 10 yr. old daughter. My ex walked out on us a month after I had back surgery w/complications that required another surgery to save my life. I discovered he left me for another woman because he was afraid I had contracted AIDS due to all the transfusions I needed. Needless to say, I am permanently disabled. I started seeing a man who ended up being arrested for drugs. He never brought them around me or my children. Can I lose custody by seeing someone who's been in prison. Secondly, I have no family in California, but my ex has extensive family here, which our children get to see regularly. My family can only see them every other major holiday. My children have said that they would like to move to Oregon, however, I wanted to verify the age which the courts consider the children's wishes. I never have and never will intend on taking them away from their father. But they are the only reason I am still here. I cannot afford an attorney, whereas, my ex comes from a wealthy family and can afford a good one.


Asked on 4/02/00, 4:56 am

1 Answer from Attorneys
Michael Gray Barber & Gray, LLP

Re: Can I lose custody by seeing someone in prison?

Of course, the issue is what is best for the children. Seeing someone in prison will not disqualify you from custody, but may not be a particularly wise decision either. Courts will at least listen to a child 13 years old or older.

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Answered on 4/16/00, 1:35 pm


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