Who Gets Child Custody When One Parent is in Jail?

Who Gets Child Custody When One Parent is in Jail?

Are you a parent who is facing time in jail? Or are you a single parent, and the other parent is facing jail time? You may have questions about what will happen to your child when you or the other parent is in jail. Who will get custody? What happens when incarceration is over?

The answers to those questions largely depend on the circumstances surrounding the jail time. If it’s a short sentence, custody may be kept the same. If it’s a long sentence or it’s for a violent crime, custody could change permanently. Divorce may also be an option. Visit this article to learn more.

Below is information on how jail time for a parent could impact the custody of your child.

If The Other Parent is Suitable

If there is another parent suitable to care for the child, custody almost always shifts to that parent while the other parent is in jail. If custody is shared between the two parents, the child will just go to the other parent by default without any need to go to court.

This can become complicated if the parent going to jail is the sole custodial parent. If the other parent isn’t in the picture, then there could be some debate about whether or not the child will go to that parent. That’s especially true if living with that parent would majorly disrupt the child’s life, like a change in schools.

In that instance, it may be better for the child to live with grandparents, an aunt or uncle, or some other relative. Of course, that may require cooperation from the other parent to forego their custodial rights to the child. You may need to get a lawyer to help modify custody in court.

If The Other Parent is Not Suitable

In some cases, the other parent may not be a suitable choice to care for your child while you’re in jail. Maybe they have drug problems or legal issues. Maybe they simply aren’t good with the child and maybe a poor caretaker.

Whatever the reason, you’ll need to find someone to be a caretaker for your child while you are incarcerated. A grandparent or other relative may be a good choice. If that’s not an option, you may want to talk to a friend.

Usually, if you will be incarcerated for a short period, it can be easy to get a temporary custody order from a court so the caretaker can make legal and medical decisions for your child. If you are incarcerated for years, you may need to get permanent custody established with the new caretaker.

What if there are no suitable options?

Custody becomes much more difficult when there isn’t a suitable option, like another parent or a relative. In that case, child services will usually step in and find a home for your child.

This is not an ideal situation because you lose all control over where your child is placed. He or she could be placed with a distant relative or could even be placed in a stranger’s home in the foster system. Once that happens, it’s not unusual for kids to be moved to multiple foster homes throughout their time in the system.

What happens after you’re released?

What happens after incarceration depends on the type of incarceration and the arrangements made beforehand. If you were incarcerated for only a short time and made temporary arrangements with the other parent, a relative, or a friend before you went to jail, custody will be restored based on your agreement.

However, if it was a long-term incarceration, you may have to go to court to get your custody restored. The court may wait to restore it. You may have to do supervised visits or partial custody to prove fit. If the child thrives under the new caretaker, you may never get custody back.

If you were incarcerated for a violent crime or any kind of abuse towards children, there is a chance you will never regain any kind of custody over your child.

An attorney or child advocate can help you determine who is best to care for your child while you are in jail. They may be able to help you establish a temporary custody agreement, so you are not reliant on the court to make decisions for you. Reach out to an attorney today to learn more.