What happens if custodial parent goes to jail

Get modification instructions and forms here: I need to change a custody, visitation or support order. The custodial parent is only required to follow the terms of the Possession and Access Order. If incarceration is not mentioned in the court order, a custodial parent is generally under no obligation to bring children for visits. The inability of the incarcerated individual to pick the children up will likely be viewed as forfeiting the right to their physical time with the children.

Incarcerated parents may still be able to write letters and telephone their child or children, but the custodial parent has the option to say no to any form of contact not specifically authorized in the court order. If the noncustodial parent is going to be incarcerated for an extended period of time, they may want to consider modifying their court order so that they have the right to visits and other contact with their children while in jail or prison.

According to the Texas Supreme Court, individuals cannot be denied access to the courts simply because they are inmates. However, an inmate does not have an absolute right to appear in person in every court proceeding. Because a prisoner has no absolute right to be present in a civil action, the prisoner requesting a bench warrant must justify the need for his presence.

These factors include:. In most cases, rather than requesting a bench warrant, it is a good idea for the inmate to request to appear by phone. It is always best for the inmate to contact the legal aid organizations in their area or hire a private attorney to represent them in court. If the noncustodial parent does not have any income because he or she is in jail or prison at the time the order is made and will be there for at least 90 days , the law says the judge should not order child support.

See Texas Family Code When the noncustodial parent gets out of jail or prison, either parent can file a modification case to ask that child support be ordered. They can file a modification case to ask the judge to change their child support order. The noncustodial parent may also be able to get help lowering their monthly child support payment by contacting the Office of the Attorney General Child Support Division and asking for a review and adjustment packet. When a person is incarcerated, the court may not consider incarceration to be intentional unemployment or underemployment when child support is being established or modified.

Common Topics. Family, Divorce, and Children. All Topics. Court Basics. Individual Rights. Brette's Answer : Yes. Courts prefer to place the children in the custody of a parent, rather than another relative in a case like that, assuming the father is able to be a suitable parent.

Can I get temporary sole custody if he goes to trial for murder? Kathy's Question: I have been the primary domicile parent for thirteen years.

My daughter is 15 yrs. My ex-husband remarried ten years ago to a wonderful woman and she passed away last year. My ex said it was a suicide but after a year My daughter DOES go every other weekend to visit her father. If there is a trial, can I get emergency temporary sole custody? Brette's Answer : Yes, you should be able to get temporary sole custody now if there is anything official you can show the court to indicate he is a suspect and during the trial, and sole custody if he is convicted.

How is custody affected if he's been convicted of a crime? Tasha's Question : I am going through a divorce. If my husband has a criminal record, how would this affect a custody battle? Brette's Answer: Criminal records and convictions always have an impact on custody. I can't tell you what the result will be because custody is decided by looking at all of the factors and a decision is made based on what is best for the child.

A parent with a record is at a disadvantage. Can I get sole custody if my ex is in prison? Amy's Question: My ex and I agreed to joint custody in our divorce a couple of years ago. Recently he has been incarcerated in a state prison for child endangerment because he put his 13 year old nephew behind the wheel to drive while he was intoxicated. He also has a long history of alcohol abuse and DUI's and can no longer drive without interlock system in his vehicle.

Do you think I would have a chance at sole custody under the circumstances? Brette's Answer : Yes, you should get sole custody. This is common when a parent is incarcerated. She is two years old now and I would like to file for sole legal custody while he is in prison.

Will I have any problems doing so? Brette's Answer : You should talk with an attorney in your state who can explain the pros and cons of doing so. Once paternity is established, he will have the right to seek visitation in the future.

Do I have to serve him with sole custody papers if he's in prison? Rita's Question: My ex-husband is in prison for touching kids and other things. Would I need to send him a copy of my motion if I file for Sole Custody?

I don't want him to make any decisions for my child. Brette's Answer : He would need to receive service and have the opportunity to respond, but it's unlikely the court would not give you sole custody in this situation. Could he get sole custody if he's a convicted felon? Kareen's Question: Can he get sole custody if he has a felony and owes thousands of dollars in back child support? Brette's Answer: Having a felony conviction is a serious strike against him; however custody is decided by looking at all of the circumstances in the case.

Child support does not affect custody. Can he get custody with his criminal background? Gerri's Question: My husband is a convicted felon that served 18 months in prison. I suspect that he is smoking weed again, and last year I found a bag hidden in his tool box. My mother made me flush it down the toilet instead of calling the police. He is going through something again He said that if we end up in divorce, he will move away and have custody of the girls 6 months at a time.

Can he do this? Brette's Answer: It's unlikely he would get custody of your children, or extended visitation, given his record and the fact that you can testify about what you found in his possession. You and your children need to get away from his influence. It is not healthy for your kids to grow up in the midst of criminal activity. It's also very dangerous for you, since you could be charged as an accessory if you help him in any way.

See an attorney and get a temporary order of custody. Good luck. Can he get shared custody if he's in prison? Maria's Question: My husband is currently in prison for drugs and will be eligible for parole in a couple of years. I'm really scared that when he gets out he will try to get shared custody of the kids.

He has been abusive to me and has had several drug charges in the past. It would devastating if the Judge agreed to let him have shared custody, especially since he has not seen his children for six years and has never provided anything for them. Would I be able to file for sole custody of my two children? Brette's Answer : You have nothing to worry about. No one is going to give shared custody to someone who is in prison for the next two years.

You'll most likely get sole custody. Can I get custody back if my ex gets sent to prison? Leann's Question: My ex has sole legal custody, but he just went to prison. How can I get my daughter back? Is it kidnapping if I visit my family out of state when he's in prison? Adria's Question : Can the father get me for kidnapping our son if he is in prison for the next 20 years and I am going to visit family in a different state but will be returning? Brette's Answer : If he's in prison you need a sole order of custody and should get it immediately.

Can I move if he will be in prison for 5 years? Amber's Question : I have sole physical custody and we have joint legal custody. How can someone be in jail and still have income or assets that can be used to support a child?

Even though you are in jail, you might still have: interest or dividend income from investments such as stocks or bonds money from selling investment assets such as stocks or bonds. How does child support get to Feedback Was the page helpful? Easy to understand? Complete with enough details? Please tell us why you did not find this helpful. It does not answer my question. It is wrong. It is out of date. It is too much to read. It is confusing.

I do not like the answer. How could we make it more helpful? Leave this field blank. Find Legal Aid You may be able to get free legal help from your local legal aid program. View the results at Google , or enable JavaScript to view them here. Child Support How do judges decide?