Getting Custody When a Custodial Parent is in Jail
When a custodial parent goes to jail, it can have a big impact on a child’s life. They might not see their parent for a long period of time and they may feel confused and fearful. They also might worry that their parent will not return to them when they get out of jail. This can make the situation difficult for the children, as well as their parents.
(Looking for a local family law attorney? Contact us today!)
Getting custody when a custodial parent is in jail
A custodial parent who is incarcerated cannot make decisions for their children without the other parent’s permission. For example, the custodial parent will have to get the other parent’s consent to arrange major surgeries or other significant events for the child.
During the custody proceedings, the court will consider many things to determine what is best for the child. It will look at what the children want, and it will also consider the child’s physical, emotional, and financial needs. It will also consider whether there is enough room in the home for the children to live with the incarcerated parent.
Ask the other parent to sign a power of attorney for you
Sometimes, a person can become a temporary guardian for a child while the other parent is in jail. To get this done, a person must have a notarized form and submit it to the Family Division of the Superior Court in the county where the child is living.
Contact an experienced family law attorney
Having a legal parent who is in jail can be a very stressful and confusing time for a child and their parents. They may have concerns about how they will be taken care of, who will take care of the child, and who will be in charge of their schooling.
If you are a stepparent and the other parent is incarcerated, you can seek custody of your child through a process called stepparent adoption. A stepparent adoption is much simpler and quicker than a traditional adoption.
Your lawyer will help you find and present relevant evidence and will help you prepare for the hearing. They will also advise you of any other relevant issues that need to be addressed during the process.
Be sure to talk to your child and tell them how you plan to handle their visitation if the other parent is in jail. They will need to know that you will be there to protect them.
Do not let the other parent’s incarceration affect your relationship with the children. They should always remain your priority.
In addition to making sure that the other parent is in compliance with the custody order, you should also be on alert for any signs of violence or a threat to your child. This will allow you to act immediately and contact the authorities, who can assist in returning the child.
If you are not comfortable with this situation, you can file a petition with the court to have the other parent’s custody rights terminated. The judge will have to weigh all of the evidence to decide if it is in the child’s best interest for the parent’s rights to be terminated.