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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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If a parent that has full custody of a child ends up going

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If a parent that has full custody of a child ends up going to jail, then who will get custody of the child?

Thank you for your question. Please permit me to assist you with your concerns.

Good question. Unless the other parent had his or her rights fully severed, that parent is the natural next in line to receive custody. However the other parent can also choose to request that guardianship be transfered to a third party, such as a grandparent. If the courts agree, then temporary rights can be granted to that person. If the individual going to jail does not wish for the child to end up with the other parent, filing a motion with the courts and seeking a guardianship transfer would be the wise solution.

Good luck.

Customer: replied 3 years ago.

I'm the father of the child, I pay child support, and have him two days a week and every other weekend. However, I don't have any custody rights, except for the visitation. How does this effect my chances of getting custody of my son over a grandparent?


You are in a superior position to a grandparent generally unless there is a history or evidence of 'unfit' factors or behavior that wouldn't permit you to seek greater custody rights. For example if there are factors such as history of abuse or neglect, domestic violence, drug use, alcohol abuse, mental illness, criminality, moral turpitude and so forth, it can affect you ability to seek custody. beyond that, you would be seen as a primary, so if you choose to file, play up your fitness, that you are an active parent who is already involved in the child's life, and that you have primary rights to the child.

Good luck.

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