QUESTION
How do go about getting full custody of my kids if the father is in jail?
Asked on Jan 04th, 2017 on Child Custody - California
More details to this question:
Their father is in jail on a probation violation for domestic violence on me. He has a bad record but this is his first domestic case. The case he is on probation for in a sexual act with a minor. We have 3 kids together ages are 4, 1, and 5 months. We've lived with him in his grandmother’s house for almost 6 years now. I take care of my kids by myself. He does not help in any type of way. I am planning on moving out of state while he is in jail.
1 ANSWER
Business Litigation Attorney serving Los Angeles, CA
at
Gerard A. Fierro & Associates
Update Your Profile
If there is no case or court orders then you may want to move to another State without filing the case. If you file a case first in California then you cannot remove the child from the State without a court order or written consent of the father. Once you are settled in the new state, you can file a Petition for Custody there. Or, if the father files a case in CA after you are already in the new state, then you should hire an attorney to defend the case and obtain an order then that you should have custody in the new State.
Answered on Mar 02nd, 2017 at 5:29 PM