They say the only certainties in life are death and taxes. For divorced parents, the complexities of child custody might feel like a third. When a former spouse is incarcerated, the uncertainty intensifies.
How does a parent’s jail sentence impact existing custody orders? What steps can you take to protect your children’s best interests?
Understanding the initial impact
A parent’s incarceration does not automatically terminate their parental rights. The child’s best interests are the focus of courts when making custody decisions. This means the judge will consider many factors, including the parent’s ability to provide a stable and safe environment.
Generally, a judge is unlikely to allow a child to visit a parent in jail. Seeing a parent in such a setting may trigger emotional turmoil for the child, so the court may temporarily suspend visitation rights while the parent serves their time in prison.
Modifying a custody order
If you are a non-incarcerated parent, you may need to modify your existing custody order after your ex goes to jail. This is how you formally ask the court to change the current arrangement.
In this legal process, you must demonstrate that a significant change in circumstances has occurred and that modifying the order will benefit the child’s well-being the most. Note that you must properly notify the other parent, even if they are in jail.
Reinstating custody after release
When the incarcerated parent is released, they can petition the court for the reinstatement of their custody rights. They must show they can provide a stable and suitable home for the child.
The court may order a period of supervised visitation before granting unsupervised custody. The judge may also require the parent to complete parenting classes or counseling.
Seeking legal help
Every custody situation involves unique circumstances that require individualized legal guidance. An experienced family law attorney can be your ally. Your attorney can advocate for arrangements that protect your children’s emotional and physical well-being during this transition.