A parent may want to gain full custody of their child for many reasons. Maybe the mother or father is deemed dangerous or unfit to parent the child, or perhaps there is another specific reason or circumstance that makes one parent more suitable to take care of their child than the other parent such as level of income, quality of the home environment, location of their house from the child’s school, the bond the child has with one parent over the other, the list goes on.
What happens, though, when the father (or mother – no discrimination here) lands in jail or prison? Does this mean the other parent is now immediately granted full custody? Does custody stay the same? What really happens in a situation like this?
Allow us to explain.
How Child Custody Works When One Parent is in Jail
When one of the parents is put in jail or prison, that parent may still have legal custody of the child, even though he or she will be unable to physically care for and visit the child until their sentence is served. This is true as long as the parent is only placed behind parents for a short period of time like, say, six months or less. For longer sentences and/or in the event that the crime(s) that occurred are very serious, the jailed parent’s parental rights may be taken away once in handcuffs.
Whether parental rights are taken away or not for the jailed parent, if there is a minor child involved, they will be responsible under the care of the other parent who currently has joint custody. Or, if there is no other parent who currently has custody, the judge can make a decision to place the minor child with another trusted family member or loved one whether permanently or until the child’s parent is out of jail or prison (if and only if their custodial right wasn’t taken away).
Receive Full Custody in California Today
Whether you currently have custody of the child whose parent is jailed or imprisoned or not, you’re welcome to request custody of your child. It all starts with a consultation with a child custody attorney in Claremont, CA.
Speak with Lawyer Torrence L. Howell now at (909) 920-0908 to see what your options are for obtaining full custody, whether that be temporary until the other parent is released or even permanently going forward.
