Can I file for full custody if the father is in jail? - Child Custody Law Questions and Answers- LawQA.com

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Can I file for full custody if the father is in jail?

Can I file for full custody of my 8yr old son if his father is in and out of jail? And has current drug charges for selling and using a control substance? He has not seen or called our son in 4 years. And has never paid child support. Also will a judge grant him visitation?

Beresford Booth PLLC
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You will need to file a divorce or paternity action. The Court will enter a plan in the child's best interests.

Answer Applies to: Washington
Replied: 8/24/2011

Answer By Erin Farley
The Law Office of Erin Farley
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You never know what a judge will do. But from the facts you've provided, especially that dad hasn't made any attempt to contact your child in four years, it is very likely that you would be awarded full legal and physical custody of your son. To avoid that order, Dad would have to respond and show up both at mediation and at the hearing (at least telephonically). If visitation is requested by the father, you can request the visitation be supervised based on dad's history and (if applicable) present use of illegal substances. I strongly advise you to speak to an attorney and pursue custody. Each courthouse in California has a family law facilitator (free attorney services) to help you complete the necessary paperwork.

Answer Applies to: California
Replied: 8/19/2011

Law Office of Roianne H. Conner
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You can file for sole custody. As long as the Father is in jail there will be no visitation.

Answer Applies to: Alabama
Replied: 8/18/2011

Answer By Zephyr Hill
Goldberg Jones
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Yes you can file for full custody and probably should. If the father requests visitation, he might likely get a few hours supervised per week.

Answer Applies to: California
Replied: 8/17/2011

Answer By Maury Beaulier
Beaulier Law Office
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Custody and visitation determinations by a court are made based on what a court believes to be in the best interests of the child. If the father has not seen the child in four years, it is unlikely he would be granted custody and any parenting time would likely have to be supervised to start, depending on the age and maturity of the child.

Answer Applies to: Minnesota
Replied: 8/17/2011

Answer By Steven Dunnings
Dunnings Law Firm
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There is a good chance you can get sole physical and legal custody. The father still has visitation rights but if he has not exercised them and he wants them, you can ask for gradual visitation that be supervised.

Answer Applies to: Michigan
Replied: 8/17/2011

Law Office of Patricia Van Haren
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Yes, you may seek sole legal and physical custody while the father is in jail. A judge will likely order monitored visitation when the father has been released from jail if he requests it. It will be very difficult for you to get child support since he is unlikely to be working while in jail, however if there is a child support order, the arrears will continue to accrue and if he does get a job, you would be able to garnish his wages.

Answer Applies to: California
Replied: 8/16/2011

Answer By Paul Wallin
Wallin & Klarich: A Law Corporation
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YES you can file under these circumstances for sole legal custody and physical custody. Whether the judge will grant him visitation will depend upon many factors. It is most likely that if he has not seen the child for a long period of time the court would only provide him with monitored visitation.

Answer Applies to: California
Replied: 8/16/2011

Answer By Brian Arnold
Arnold & Wadsworth
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Yes you can file. Visitation is not possible in jail unless they get some kind of release.

Answer Applies to: Utah
Replied: 8/16/2011

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