what are the chances of me getting sole custody when ex husband is in jail

Christy - posted on 06/11/2011 ( 13 moms have responded )

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Hello Ladies Does anyone know what are my chances of getting sole custody of my daughters their father has been incarcerated for 5 yrs and was sentenced 12 yrs the girls were 1 and 2 at the time of the incident. I moved to Florida a yr ago and I received court papers yesterday from him demanding the kids move back to NJ so he can get visitation rights twice a month. I will be seeking help soon but I just want heads up. thanks in advance for your responces

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I am in Georgia...and here in this state, an inmate has NO civil rights. He can't contest a divorce...or a child custody order while he is incarcerated. (I know this from experience)

If I were you, I would call an attorney, or the health department and get a number for legal aid.

Nikky30 - posted on 06/11/2011

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I would say it depends on what he was in jail for. I don't know the laws with that type of thing. I would go and ask an lawyer and find out what your rights are. If you are not working and your a single mum you can go to legal aid too as it is a free service.

Jodi - posted on 06/11/2011

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Have you ever actually taken them to visit him?

I would say that it would be pretty likely that you could get sole custody, but this is one you should ask a lawyer. I don't know the laws where you are. But someone else here may have been in a similar position, and may be able to advise their experience.

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Laura - posted on 12/21/2014

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I'm a young parent and me and my daughter's father ain't together and he has been sent to Jail for the second time in 8 years and he hasn't been there for me after the 20th week of my pregnancy because he has told everyone I know and he knows that i lost the baby after we found out the sex of our child, but I have a couple of Questions to ask
1) Would the courts give me full custody of my child?
2) Would I have to put his name on the Birth Certificate?

Constance - posted on 06/12/2011

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Your welcome. Just remember to let him keep in touch. Send letters and pictures so he see her grow up. From the way you wrote the post there isn't an issue if he loves her just you want to be able o live your life. Go in with a positive plan and it will go your way.

Constance - posted on 06/12/2011

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I went through this with my brother an ex SIL. They both got locked up and they were both facing 25+. They wanted to contest the custody and did not want to give it up. It only took 1 court date for me to receive full custody of their 3 children.. I allow my brother to have custody back after he had served his time and showed me he had gotten his life back together. Then again, resently I took custody again.

I am just the aunt. You are the mother it shouldn't be difficult to gain full custody. He is trying to control your life by doing this. He can't make decisions when it comes to day to day issues.. Doctors or anything else. He is in prison not serving our country in another country.

JuLeah - posted on 06/11/2011

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It depends on so many factors, not one of which is best interests of the chidlren. Get good (read expensive) legal help.

Christy - posted on 06/11/2011

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I have taken them a time or two not much honestly. He is in now on robbery charges but he has been in n out of prison since forever also and alcoholic and drug addict

Victoria - posted on 06/11/2011

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I would assume, depending on what he is in jail for, that your chances would be pretty high.

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