Results 1 to 8 of 8
  1. #1
    Join Date
    May 2012
    Posts
    5

    Default Can I Get Full Custody of My Child if the Mother is in Jail

    My question involves a child custody case from the State of California.

    I have a 6 year old daughter who currently resides with me in the last year or so. Her mother is currently in jail for multiple counts of felony for identity fraud and also was arrested for being under the influence and possession of a controlled substance. As of now, we have a court order that joint custody of our daughter. I recently filed order to show cause to modify the current order and hoping to receive full custody of my child. the mother has been served in the county jail in regards to this matter. What are my chances of having full custody of my child with the mother is custody? what steps should i take before my court date?

  2. #2
    Join Date
    Feb 2012
    Posts
    107

    Default Re: Can I Get Full Custody of My Child if the Mother is in Jail

    Quote Quoting jdiestro
    View Post
    My question involves a child custody case from the State of California.

    I have a 6 year old daughter who currently resides with me in the last year or so. Her mother is currently in jail for multiple counts of felony for identity fraud and also was arrested for being under the influence and possession of a controlled substance. As of now, we have a court order that joint custody of our daughter. I recently filed order to show cause to modify the current order and hoping to receive full custody of my child. the mother has been served in the county jail in regards to this matter. What are my chances of having full custody of my child with the mother is custody? what steps should i take before my court date?
    Obtain all police reports, they can be used as evidence.Also, if she was ever in contact with police and even not arrested those reports can be submitted as evidence as well.
    I would say you have a good chance but you can never know 100% what a judge will do.

  3. #3
    Join Date
    May 2012
    Posts
    5

    Default Re: Can I Get Full Custody of My Child if the Mother is in Jail

    i tried to obtain the police reports but this county would not allow the general public to obtain these reports. all i have is an inmate locator print out from the county jail website. indicating what charges were filed against her and her court dates etc. my court date is on 5th of june and from what i heard, she will not be release from jail until the end of june if not early july.

  4. #4
    Join Date
    Feb 2012
    Posts
    107

    Default Re: Can I Get Full Custody of My Child if the Mother is in Jail

    What county are you in?
    I'm not a legal expert by any means just someone who has a lot of personal experience with these situations.

  5. #5
    Join Date
    May 2012
    Posts
    5

    Default Re: Can I Get Full Custody of My Child if the Mother is in Jail

    Alameda county.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,279

    Default Re: Can I Get Full Custody of My Child if the Mother is in Jail

    Is it joint LEGAL custody you're trying to change?

    What is it you're trying to accomplish?

    How long is Mom going to be incarcerated?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    May 2012
    Posts
    5

    Default Re: Can I Get Full Custody of My Child if the Mother is in Jail

    as of right now, we have a joint custody of my daughter. this order was enforced back in may 07' ever since then, i've had my daughter majority of the time. lived with me and supported her financially. the mother is unemployed, no stable residence, on drugs, has been arrested for shoplifting, under the influence, possession but the identity fraud is the most severe out of the 3 charges.

    i would like to gain full custody of my child and hoping to reside out of the country to seek a better future my daughter and i. i would like to know what i should do prior to the court date. preparations for this custody battle is the key. and i just need some pointers and be well prepared for whats ahead.

    as of now, per mother she is incarcerted until the end of june and our family court date is scheduled for june 5th. although, it could be longer since she has other pending charges against her.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,279

    Default Re: Can I Get Full Custody of My Child if the Mother is in Jail

    You're wanting to move out of the COUNTRY?

    When?

    What's your timeline? In other words, is Mom going to be out and able to get visitation with her child before your plan goes into effect?

    And (this actually does matter), to which country would you be moving? Do you have dual citizenship?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

    1. Sponsored Links
       

Similar Threads

  1. Establishing an Order: Unmarried Mother Wants Full Custody
    By atlosthelp in forum Child Custody and Visitation
    Replies: 1
    Last Post: 12-07-2011, 01:04 PM
  2. Custody and Visitation Issues: Can I Get Custody of My Son if Mother Goes to Jail
    By Jay.E in forum Child Custody and Visitation
    Replies: 11
    Last Post: 09-08-2011, 11:47 AM
  3. Mi 50/50 Custody Mod, Fathers Second Dui, Mother Seeks Full Custody
    By Shen in forum Child Custody and Visitation
    Replies: 1
    Last Post: 02-14-2011, 04:25 PM
  4. Dad Wants Full Custody, Mom's on Drugs, in Jail
    By mamaof3boys in forum Child Custody and Visitation
    Replies: 5
    Last Post: 09-15-2010, 06:17 PM
  5. Will I Still Be Able to File for Full Custody Before He Gets Out of Jail
    By Don3WithTh3Past in forum Child Custody and Visitation
    Replies: 1
    Last Post: 01-09-2009, 09:37 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document