Legal Question in Family Law in California

Does having a prison record automatically mean 'No Child Custody'?

My son is only 24 yrs. old, his daughter will be turning 5 yrs old in Oct.My son has spent the last 4 yrs in a CA State Prison, he will be released Feb 2005. A friend of his just told him that the mother of his daughter and her current boyfriend are both heavy into drugs and homeless. My son's ex-girlfriends mother currently has my granddaughter. My son hasn't been in any trouble in the prison, has been taking correspondence religious classes (and done very well),does well at his job and is planning on releasing to a men's ranch that will train him in a job of his interest. Many members of the church there own businesses and offer jobs to those that show they are really trying to better themselves and do well in there job training. Once he has a job he would like to get custody of his daughter. (The mother allowed me visiting up until about Christmas of 2002. Then, for no reason that I know of, she would no longer take my calls and made it very hard for me to find her....she lives in a different town.) Will my sons prison record be held against him when trying to get custody? How can the mother of his child be served papers with no address? (homeless). Should the grandmother be served as she has the child? Any help appreciated!


Asked on 8/23/04, 6:47 am

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

Re: Does having a prison record automatically mean 'No Child Custody'?

A felony convition with a sentence to state prison. How this conviction will affect his visitation and custody bid. The fact that the maternal grandparents have been caring for the child for some period of time will make it difficult for him to get custody.

He needs to contact an attorney and discuss the facts of his case with that attorney. This is much to complex an issue to rely upon advice from the internet.

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Answered on 8/24/04, 9:29 pm


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