If you have joint custody?

Question

If you have joint custody and one of the parents goes to prison what rights does that person have??Or did they break the divorce agreement when they went to prison

the reason the person went to prison was for Felonious Assault

sry should have posed this: What rights does that person have while in prison?

Answer 1

The prisoner still has custody rights. Those rights are not invalidated simply because of prison.

That being said, depending on the REASON why the parent is in prison, those rights can be abridged by the court or terminated.

EDITED BASED ON ADDITIONAL INFORMATION:

In this case, no, the crimes do not affect his right to custody. If he had been found guilty of the assult on the child or any other child, he could have been denied custody but would most likely have been awarded supervised visitation once the sentence was completed.

However, I would not pursue such as an attorney in your case.

Answer 2

First of all if the parent did something bad enough to go to prison why the hell would you want your kids to be around that? Apparently the parent didn't care what happened or they would have been responsible and stayed out of trouble so why would you worry about it. They made the decision to be locked up so apparently they don't care to see the children grow up anyway!!!

Answer 3

If they go to prision, I guess they don't get to keep the child on the weekends. I am sure once he/she is out of prision, it should be taken back to court. If someone is in prision chances are they are in there for something that a child shouldnt be around. So I would try to go back to court and get full custody with supervised visitation.

Answer 4

I would guess they have problems if they go to prison. I would think they forfeited some rights, at least for awhile.

Answer 5

None really but if hes the father then hes still the father and his rights are basically placed on hold til he gets out