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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 09-16-2010, 10:10 PM
Brandy Brandy is offline
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Question Need information on a few things..

First...
What type of appeal (or if there is something else) would a inmate do to try to get his case looked at or changed, when he has been in prison for 8 yrs? What is there he can do to try to "come home" per say?

Second...
Can a inmate adopt a child, meaning say the inmate is married and his wife has a child, can he adopt? (I know that means the "sperm donor" has to sign off saying it's ok) but can it happen?

Third...
What can be done if anything, if you have a DV restraining order on the "father" of your child, and he is talking with his mother about moving out of state (which he is currently on parole in CA for the next 13 months but only have to check in ONCE a month) and trying to "take" the kids (he has two, by two different girls), when he goes? One mother has SOLE custody, with him only having his father rights, and the other is trying to go through court to get custody.. . the only reason the women know about this is b/c of reading his page on face book. Is there anything these women can do to protect themselves and there child from him?

Sorry for all the questions, I just had a few people ask me and I said I'd try to find out for them. Thank you so much for any information that may help.
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Old 09-16-2010, 11:37 PM
Gryphon Gryphon is offline
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1. It'd have to be a writ, probably Habeus Corpus. That means there'd be some sort of massive denial of constitutional rights or new evidence demonstrating innocence.
3. They can print his facebook page and deliver it to his PO. They can make sure the restraining order covers the kids. They can use the facebook page to advise local law enforcement of a threat. They can make sure the schools are aware of the restraining order. They can try to increase the distance of the "no contact" order. They can expand the restraining order to cover no phone calls or letters.

2. Sorry, I don't know family law in that much detail. I don know taht adoption is generally in a minor's best interest; and being in prison probably isn't a good sign.

Quote:
Originally Posted by Brandy View Post
First...
What type of appeal (or if there is something else) would a inmate do to try to get his case looked at or changed, when he has been in prison for 8 yrs? What is there he can do to try to "come home" per say?

Second...
Can a inmate adopt a child, meaning say the inmate is married and his wife has a child, can he adopt? (I know that means the "sperm donor" has to sign off saying it's ok) but can it happen?

Third...
What can be done if anything, if you have a DV restraining order on the "father" of your child, and he is talking with his mother about moving out of state (which he is currently on parole in CA for the next 13 months but only have to check in ONCE a month) and trying to "take" the kids (he has two, by two different girls), when he goes? One mother has SOLE custody, with him only having his father rights, and the other is trying to go through court to get custody.. . the only reason the women know about this is b/c of reading his page on face book. Is there anything these women can do to protect themselves and there child from him?

Sorry for all the questions, I just had a few people ask me and I said I'd try to find out for them. Thank you so much for any information that may help.

Last edited by Gryphon; 09-16-2010 at 11:39 PM..
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