How do go about getting full custody of my kids if the father is in jail? 2 Answers as of March 02, 2017

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.

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Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
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.
Answer Applies to: California
Replied: 3/2/2017
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Please meet with an experienced family law attorney to immediately seek protective orders and sole lega and physical custody of the minor children.
Answer Applies to: California
Replied: 3/2/2017
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