Q: I was in a divorce case when I went tp jail for 3 yrs (Or ange County Jail} my divorce was in San Bernardino, They give

A: So I have done a lot of divorce cases all across SoCal and I know all of the judges in San Bernardino well.I have been in all their courtrooms many times and I know that they would not proceed without a proof of service. However, I can tell you a few pointers and things I would tell a client if you were a client. Understand that this not a client relationship we are having, just some Q & A. But anyway, as to your first point about not getting notice, it is likely that something may have been served on the jail. You need to, before you say that, check the records on your divorce if you have not already. You probably don't need to go to the courthouse yet if you have a computer. Go online to Sb-court.org and choose CASE INFORMATION, look under family law, put in the case number which is a little tricky the first time, but you choose FAM and then the letters for the court like SS for San Bernardino Historic Courthouse which is where all the divorces were moved a few years ago, except for like outliers like Joshua Tree, which are SR and then the number. Then look at what comes up and see if there was a POS, or Proof of Service. Usually there will be or the court will not accept the documents for filing. So check that out. If you can't see what the proof of service says, but it say one was filed then try calling the court clerks or the courtroom first and see if they will help you. Most of them are very good people who know their job is public service, but a few may not help depending on the courtroom. If you have to go there, then look it up in the file, but everything is online now for the judges so there's probably a way to view it. Then if service was made, then the sheriffs just did not give it to you for whatever reason. I know in the past I have seen occasions where they did not want to upset someone, or they did not like someone, but whatever the reason if service was made and you did not receive it either while incarcerated or upon your release, then you have even more of a battle to prove that to the court. Judges accept a proof of service as sufficient if it meets minimum requirements like date, what was sent, where it was sent, anf signature. It's not necessary to send certified mail or overnight delivery generally, although in the law there are always exceptions and you did not say the specifics of what was served. If you had already been served the divorce papers in person before being incarcerated, then most everything else could be sent by first class mail. As to your second request for 50/50 custody, legal and physical, you will have an uphill battle. I get many upset, angry, even saying things like "I want him to die" or "I don't ever want him to see my children again," etc, and I do not know what the charges were, and I am not judging you. We all go through hard times at some points in our lives. But I always tell those clients who do not want to "share" visitation that they only way that will happen is if they are on drugs and you can prove it, if they have an alcohol problem that's verified by recent DUI or commitment to a detox center, or if they are incarcerated. Those are the 3 sure ways in California to lose custody. But family law, nothing is permanent. Depending of course on the age of your children. If they are young, you have time. But it won't be easy. no one is going to hand them over to you without a trial period. And you won't have legal custody or 50/50 for a period for a period of time. How long is up to the judge and many factors. The biggest mistake I see in situations like yours, which I see regularly, I admit, is that the parent is focused on themselves like saying "I miss my kids" or "I need to see them" or "I want to spend time with them." What you need to realize now and not say things like that to the judge -- is that the judge's job is to act in the best interest of the kids, not you. And that job the judge will do. So plan on supervision, do what judge says GL