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Attorney & Mediator
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Category: Family Law
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I a going to court for custody of my 2 children. I was not ...

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I a going to court for custody of my 2 children. I was not married to their father. He is now incarcerated for punching our 3yr old in the eye and then punching myself. He will still be in jail at the time of our custody trial. Will they go ahead and determine custody or wait till his release? I guess i am wondering if because of his incarceration being due to abuse on his 3 yr old will there be any chance he will get custody of the children?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Thank you candance 778 for your question.

1) The court has the discretion to transport the father to his custody hearing if the father requests that he be transported unless, the location where he is housed does not permit transportation of inmates.

2) As to him getting custody or shared custody...There is no way a judge will grant him any custody to the child that he has abused. Custody is awarded based on what arrangement would be beneficial to the child's best interests. Placing a child with his batterer is not in the child's best interest. If the judge decides to award him visitation, it will most likely be a supervised visitation order as the child needs to be protected from further potential abuse.

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