Las Vegas, NV asked in Child Custody, Divorce and Family Law for Nevada

Q: Can the father of my child take full custody while being in prision?

The father of my child sent me a divorce letter via mail while he is locked up (he still locked up) He was never a responsible father, didn’t payed child support (he only twice and not the right amount) in fact that’s the reason why he’s a jail. In reality I want nothing to do with him, I don’t want child support or give him any type of custody of child. What are the chances of him being able to take some sort of custody of my child?

1 Lawyer Answer
Bonnie M Lonardo
Bonnie M Lonardo
  • Divorce Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: A parent cannot have physical custody of a child when incarcerated. If anything, it is more likely that the court may award the custodial parent full or sole custody, if not permanently, at least temporarily while the other parent is incarcerated. The only possible custody the incarcerated parent may get, would be joint legal custody, where decisions regarding the child would need to be made with both parent’s permission via letters or call from prision.

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