Users' questions

Are there family law issues with an incarcerated parent?

Are there family law issues with an incarcerated parent?

Family Law Issues with an Incarcerated Spouse or Parent. From the famous Alcatraz to the notorious San Quentin prison, prisons in California have had a substantial place in California’s culture, and a serious role in the lives of many of California’s residents.

Can a spouse make healthcare decisions for an incapacitated spouse?

Though many healthcare facilities and providers may create a hierarchy within the class of family members and place the spouse at the top, there is no exclusive legal right for a spouse to make healthcare decisions for his or her incapacitated spouse.

How is California family law related to prison?

One of the most direct ties between family law and the California prison system is the failure to pay child support. If a court orders you to pay child support, it is your responsibility to make sure that the child receives monthly payments in an amount ordered by a judge.

Can a non incarcerated spouse file for divorce?

If the incarcerated and nonincarcerated spouse agree on ending their marriage, the can obtain a divorce by filing a joint petition. In practicality, the non-incarcerated spouse will do most of the work in this type of setting because he or she is freer to attend hearings and consult with attorneys.

Family Law Issues with an Incarcerated Spouse or Parent. From the famous Alcatraz to the notorious San Quentin prison, prisons in California have had a substantial place in California’s culture, and a serious role in the lives of many of California’s residents.

Though many healthcare facilities and providers may create a hierarchy within the class of family members and place the spouse at the top, there is no exclusive legal right for a spouse to make healthcare decisions for his or her incapacitated spouse.

One of the most direct ties between family law and the California prison system is the failure to pay child support. If a court orders you to pay child support, it is your responsibility to make sure that the child receives monthly payments in an amount ordered by a judge.

How to get a divorce with an incarcerated spouse?

You should identify the incarcerated spouse by name and prison number if you know it. Once a litigation coordinator receives the divorce papers you sent, he or she will deliver the papers to a correctional counselor who will serve the papers on the inmate and fill out proof that service occurred.