Hoversten

No appearance for Real Party in Interest.

GILBERT, Acting P.J.

This case concerns the issue of a prisoner's access to a civil court proceeding. Here we conclude that a prisoner is entitled to a hearing to determine his right to legal custody and visitation of his minor children.

Petitioner Patrick Francis Hoversten and real party in interest Michelle Hoversten, now Michelle Cole (hereafter Cole), are the parents of two young boys. In March 1992, they obtained a judgment of dissolution of their marriage which granted them joint legal custody of their children, with sole physical custody to Cole.

On the morning of July 13, 1993, Hoversten, armed with a revolver, robbed a credit union in Atascadero. While fleeing, he fired his gun to ward off pursuers. Minutes after the robbery, Hoversten picked up his sons at Cole's home and drove them to nursery school.

Because of Hoversten's criminal behavior, Cole moved in family court for modification of custody and visitation.

In the criminal trial which took place a few months later, a jury found Hoversten guilty of robbery and assault with a firearm. He was sentenced to serve 19 years in prison. [1] A few days later, respondent family…