Legal Question in Family Law in California
in prison...
Hello, i am looking into the process of getting a divorce from my ex, but i am a little confused how it works for Full Custody as well as the rest because my ex is in prison serving a 13 year sentence, we had no real estate and our income was well under 12,000 per year when he was out of prison. (he didnt work and we were on and off of welfare)
I want to have full custody of our one child, because i feel my ex isnt capable of taking care of our child due to the crimes he commited as well as the factors of what he was like before he was put into prison. (he has been in prison for only one year now)
How do i go about this divorce to get Full Custody of our child and how does it work when he is in prison???
what happens if he rufuses to sign the forms?
and after the divorce, worst case scenario, if something was to happen to me what forms would i need to fill out for who would get custody of my child if i became incapacitated or death?
any advice or help that you could give me would be greatly appreciated.....
thank you.
email: [email protected]
2 Answers from Attorneys
Re: in prison...
Check with the local family court to determine the availability of a self help clinic. They will be able assist you in preparing and serving the necessary documents. He does not have to sign for the court papers. The prison staff will either serve him for you or arrange for another person to serve him. In your petition for dissolution of marriage be sure to request sole legal and physical custody to petitioner, assuming that you are the petitioner. If a law clinic is not available then inquire about legal aid or other free or low cost legal assistance.
Re: in prison...
Since he is in prison you will have no problem serving him with divorce papers.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
