Custody Modification During Incarceration

Summary

If a custodial parent is incarcerated in California, you can file a motion to modify the custody order. The court will determine custody based on the childs best interest, not the parents preference. Consulting a family law attorney is recommended.

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State of california
Hello Carmen, it seems you're in California but I am not clear on what legal issue you're facing. Could you provide more information so I can assist you better?
If dad has custody and has withheld visitation from me for 2 years and then goes to jail for 6 months what can I do
Hello Carmen, in California:
- You can file a motion to modify custody or visitation order.
- You may need to prove that there is a significant change in circumstances (father's imprisonment).
- It's highly recommended to consult with a family law attorney.
Does dad get to choose who custody goes to while he’s in jail or should it go to me
In California:
- The court determines custody based on the child's best interest, not the parent's preference.
- The father's incarceration could be seen as a significant change in circumstances.
- You can file for a modification of the existing custody order.
I’m the past the just tells the sherriffs that he wants his custody to go to his girlfriend until. He gets out
In California:
- The father's wishes aren't decisive. The court will consider the child's best interest.
- If you believe the girlfriend isn't a suitable guardian, you can present evidence in court.
- Consulting a family law attorney is advised.
of jail
In California, the court determines custody, not the parent or the sheriff. If the father wants his girlfriend to have custody, he would need to petition the court. You can also file a motion to modify the custody order. It's best to consult a family law attorney.