Tuesday, January 10, 2012

WHAT CHILD CUSTODY RIGHTS AND SUPPORT OBLIGATIONS DOES A PRISONER HAVE?

QUESTION: If a husband is convicted by a jury in a federal trial (obstructing justice and making false statements to the FBI), does he have any child custody rights and would he still owe child support and alimony even if he's in prison for up to 20 years and he abandoned his family 4 months before his trial and has not contributed one penny to the kids and his wife since then?

MY RESPONSE: Your husband would have whatever child custody or visitation rights that the Court grants him. However, I can't imagine any Family Law judicial officer awarding child custody to a man who is imprisoned for 20 years on a Felony conviction. If your husband seeks visitation with the children during the period of his incarceration, at trial or by way of an Order to Show Cause, it would be up to the particular judicial officer hearing your case as to whether or not your husband would be granted any visitation, and if so, how often and for how long. Child Support is based on your income, your husband’s income, and the custodial timeshare. Spousal Support is based primarily on your income,your husband’s income, and the marital lifestyle. Pursuant to recent legislation first effective in 2011, if your husband is imprisoned for over 90 consecutive days, his Child Support obligation is suspended during his period of incarceration. You would best retain an experienced Family Lawyer to represent you in your divorce.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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