Q: Ex is in jail. We have joint custody.Can he assign parenting time to someone else.
A:
I would need to know how long he is in jail and how long he is going to be there. If you have 50/50 parenting time and he is going to be in jail for some time, you can file a Petition for Modification of Legal Decision Making, Parenting Time and Child Support.
He does not have the right to "assign" your child to anyone except you. Under the United States Constitution, PARENTS have a right to be with their children if they are fit parents.
A: No, unless your parenting plan otherwise provides, parenting time should be with you while your ex is incarcerated. If his parenting time is to be used by someone else such as a grandparent or other person who has a significant relationship with your children, this would need to be ordered by a court.
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