Legal Question in Family Law in California

Mom going to jail. What happens to son?

I will be sentenced for possibly 3 years in January 2005. If I was awarded sole legal custody of my son due to his fathers inability to keep his hands off little girls. My ex has moved out of state, and he figures since I will be going to jail that he automatically gets custody due to me not being present. My 15 y.o. son has prepared a letter for the judge stating that he does not want to move out of state. Currently my oldest son (26 y.o.) is married and now resides with me in my home. He is willing to take care of his little brother while I am incarcerated. Will my ex be able to take custody from me? Would giving a special power of attorney be required so my oldest son had full say over his brother?


Asked on 12/15/04, 1:24 am

1 Answer from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: Mom going to jail. What happens to son?

This is a case where a petition for guardianship would probably be appropriate. I strongly suggest that you retain the services of an attorney immediately.

Regards,

Damian Nolan

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Answered on 12/15/04, 3:17 pm


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