How do I get full custody before my children's father gets out of prison? 30 Answers as of January 03, 2012

If there is no court order determining who has custody, then you should first file a complaint for custody, along with other required paperwork. If you don't know the exact location of your husband, then you may be able to proceed by "serving" him notice of the custody case through "publication," which means you could probably proceed through getting a default. If you cannot serve him notice by publication, then you may still be able to proceed without him being present at the hearings. Now would definitely be a good time go get started, before he is released from prison.

It is probably a good idea to file for custody as soon as possible. If they are in your care, and he is in prison for any length of time, it is very likely that you will be awarded custody, and when he gets out, the burden will be on him to establish visitation and custody rights. You should consult an attorney as soon as you can to discuss the particulars of your situation.

If there is an existing custody order, you would have to file an action requesting to modify custody. You would have to be able to show that there has been a change in circumstances making the modification necessary and that you having "full" custody is in the best interest of the children. You would also have to serve a copy of the complaint on your ex, and provide him an opportunity to respond/object.

The answer to your question would depend on whether or not there have been any previous court orders entered regarding the custody of your children. If not, you would need to proceed as provided for by law, including the filing of certain pleadings to be heard by a judge and providing notice to the father. I suggest contacting an attorney to discuss in more detail the circumstances of your case and your options.

This is the time to get an attorney and get to court to ask for sole legal and sole physical custody. You might also consider a move away so that he can't come to your house and take them.

You should start a Parentage Action (i.e., "paternity") if your were not married - or a Dissolution of Marriage action if you were married - in order to give the court authority to issue the orders restricting his access to the children that you feel are necessary.

You don't give enough information to provide a useful answer. The simple answer is that you need to file a suitable request to a court that has jurisdiction to allocate parental responsibilities. If you are married, or divorced, the request is made in connection with the divorce case. If you were never married to the father you don't need to do anything unless there is already a court order declaring him to be the legal father and establishing specific parental rights. If you were never married and the there has never been a court order, he has no legal rights and you technically already have whatever you mean by "full custody" because you are the only established legal parent. If there has been a court order, you need to request the court to modify it as needed to accomplish your goal. You should consult an attorney for more comprehensive advice after he/she can review the complete factual situation.

File a motion in court requesting sole custody and primary placement based on the fact that he's in prison.

If you are married you can consider filing for a divorce and after that there will be custody orders established. If you are not married, then you will need to file a formal petition to establish custody, parenting time and child support. He will be served, which is easy to arrange given that he is in prison and will have the opportunity to respond. The process is the same in spite of the fact he is in prison. It is important to act quickly and I would suggest contacting an attorney.

Retain an experienced Family Law Attorney to promptly file and pursue a Paternity (Uniform Parentage Act) case and an Order to Show Cause regarding Child Custody.

If there was violence in the relationship the best and quickest route is to seek a Domestic Violence Restraining Order, which will not only ensure that he is restrained from contacting you, but will also award you custody and limit his visitations (if any) to being supervised if he's been violent. If you check with your local domestic violence prevention social service agency they often provide free legal assistance in getting the order. It is good for five years, before it has to be renewed. If he violates the order you can call law enforcement. Violation would constitute a misdemeanor offense and if he's on parole would violate the terms and conditions of his parole, which could land him back in prison.

You can file a petition for sole custody of the children. You will have to show that it is in the best interest of the children that you are granted sole custody and that you are a fit and proper person to care for the children.

You will need to file a petition for custody as soon as possible, including in your allegations all of the pertinent facts regarding the abuse and the imprisonment of your husband. You should see an attorney as soon as possible.

You need to get a petition for custody on file right away. If you and the children's father were never married and paternity has not been established by a court, then you need to file petitions to establish paternity for each child. If you are currently marred to the children's father, then you need to file for divorce or legal separation (which is only temporary) and ask for custody. If there is already an order regarding custody, then you need to file a petition to modify custody and parenting time. Whichever way you go, you want to request that the Court order that the children's father not have parenting time with them due to his incarceration. This would then force your children's father to petition to modify the order when he gets out of prison. The other thing you should do is request a protective order against him for you and the children. This is filed separately from the custody/parenting time issues, but will help you when he gets out if he tries to contact you. The protective order is only good for 2 years, so you will have to renew it before it expires.

File a motion with your family law court requesting sole legal and physical custody with supervised visitation with father.

To gain full custody of your children, you should file for Divorce (if you're married) or for custody in your local Superior Court. The fact that your children's' father is in prison may be a major factor the Court will consider in granting your request for sole-legal and sole-physical custody. You will want to inform the court of the reason why he is in prison, as well as detail the prior abuse you and the children have suffered. You should also be sure to mention prior instances when he hid the kids from you.

If you already have prior custody orders, you can file a motion to modify such orders. If you do not have any prior custody orders, then you can file a motion to establish custody. Your motion should include the custody terms you wish, as well as the facts that support your request. It would be best to hire a local family law lawyer to help you. If you can't afford a lawyer, your local family court may have a free legal self-help center. Go to your local court's website to find out if such free services are available.

You need to file a court motion before he gets out so that the court can make the order.

If you are married to the father, you need to file for divorce and ask for custody. If you are not married to the father, and he has not legitimated the children, and there is no current custody/visitation order, you already have full custody by operation of law and he has no rights to the children.

You need to file a request for sole legal and physical custody immediately. If there is domestic violence and fear of abduction, then it sounds like you need to request supervised visits for Dad. If Dad is getting out of prison soon, then file the request as an ex parte request. Go to www.courts.ca.gov and read about the process. If you need assistance, then your local legal aid office or family law facilitator can assist for free. You need to ACT to protect your children - if that means getting an attorney, then you must get an attorney.