Philadelphia, PA asked in Family Law and Child Custody for Pennsylvania

Q: Do I need to establish custody if other parent is in prison?

I have a 4 year old and no written custody agreement. My ex husband is currently in jail. Do I establish full custody now or wait till he is released

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Realistically, you'll be making 100% of the parental decisions as long as he's incarcerated, and you don't need a court order to do that. However, once he's out, there could be some friction between you two if you can't always agree on child rearing. If you think that's likely, you may want to file for custody *now* while he's in jail -- and you'll surely get it. Then, when he gets out, the burden will be on him to seek modification of that custody order if he so desires.

If you do decide to file for custody now, it probably makes sense to consult a local family law attorney for assistance and advice. Best of luck to you.

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