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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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Customer Question

Thank you for taking the time to answer my question. Question being: when the father is currently incarcerated and going through the divorce battle for years fighting for estate, visitation rights, property and also trying to find money to fund an attorney, what actions do you recommend? This is in California.
Submitted: 8 years ago.
Category: Family Law
Expert:  Joseph replied 8 years ago.
Just Answer does not permit us to represent customers or to make specific recommendations. However, the California Bar Association has a website, and I suspect your county does as well. These cites often have links to research attorneys in the area, what areas they practice in, how long they've been practicing and any certifications they may hold. I would suggest researching perhaps a dozen or so and then speaking with the 3 or 4 that most seem to fit your needs. After doing that, hire the one that most makes you comfortable in his abilities to protect your rights.

There is likely a legal aid society in the area. They should have a listing of attorneys that handle pro bono work. From the form of the question, it appears that this question is on behalf of the father, the incarcerated individual. It's probably obvious that this is a rather complex situation, it involves both family and criminal law and the client is incarcerated. With that in mind, it may be difficult to find the right attorney.

A motion for attorneys fees may be appropriate in the family law case. If the mother makes a fair living, the father may be eligible for an award of attorneys fees from the mother.

Hopefully the incarceration does NOT involve any crimes against the child or crimes of violence. While NO criminal record is helpful for gaining visitation rights, people who commit burglary, drug possession or whatever can still be excellent parents. Courts become more concerned when the crimes are violent in nature or against the child.

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