How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

If a parent that has full custody of a child ends up going

This answer was rated:

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 4 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.

Dimitry K., Esq. and 2 other Family Law Specialists are ready to help you