Q: What if parent having primary physical custody goes to jail?
Mother has primary physical custody of her two children, each child by a different husband. One child is 10, the other is 16. They were all living with mother's current boyfriend. Mother has been confined to jail for 8 months, with 10 years of probation to follow. Is anyone (e.g. DFCS or sheriff) required to inform the fathers of this situation? Or can the children continue to live with mother's boyfriend? Or, with her parents? Is anybody responsible to tell the ex-husbands/fathers about this situation. Fathers are known and in the area but were not much involved with their children.
A: The fathers would have to start a custody case if they wanted custody. If she has custody, she can designate a caregiver for the children for a period that she is away. If there is a custody order in place, she should tell him that she will be incarcerated, and they can file a case if they want to. If they don't, the children can live with whoever she sees fit, as long as the fathers are granted their parenting time rights in the order.
Homer P Jordan IV agrees with this answer
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A: Unless the children are left without care, DFCS will not get involved. Unfortunately, no government agency is responsible for advising the fathers of the minor children if the children have been left with a responsible adult.
Homer P Jordan IV agrees with this answer
1 user found this answer helpful
A: There is no process for informing the fathers and nobody responsible for doing so. Since she has custody she could likely determine where she'd like them to stay while she is in jail. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
1 user found this answer helpful
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