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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> prison
Jan 26
2010

Ask a Divorce Lawyer: Will I be able to get sole custody of my children if my ex goes to prison?

Posted by Matt Allen in prison , parental rights , Jennifer Paine , custody , Cordell Cordell, PC , Children , Ask A Lawyer

Question: My ex wife, who is the custodial parent, is facing a prison sentence of at least 12 months for felony grand theft after being arrested in front of our children last year. When she was arrested, her new husband took the kids to a different city and would not tell me where they were until it was my designated visitation time (the arrangement is 60/40). 

She has been in held in contempt several times for custodial interference, and now I'm afraid her husband will disappear with my kids again. Will I be able to get sole custody if she goes to jail? If so, will that only last until she is released? Will I have to take the kids to visit her in jail? How should I handle this?

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Apr 20
2009

Ask A Lawyer: My Wife is in Jail, Do I Have An Easy Divorce?

Posted by pmcmahon in prison , Erik Carter , Cordell Cordell, PC , Ask A Lawyer

Question:

My wife and I have been separated for over a year and I have had our child just about all the time. My wife is now in jail on her way to prison.

If I file for divorce now would I have an easy case?

Would they even allow her to show up for court?

And what is the most cost effective way of going about it?

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Jul 05
2005

Ask a Lawyer: How do I modify custody if my wife is jailed?

Posted by Dads Divorce in Visitation , Visitation , pro se , prison , Parenting , motion , modify , MO , custody , custody , Ask A Lawyer

Question:

I have custody of my three children. My ex just recently went to jail. How can I change visitation and other items on the divorce degree? I cannot afford an attorney. Can I do this on my own?

Answer:

I suggest that you contact legal aid or an agency similar to Catholic Legal Charity. You can also contact the local Bar Association and attempt to find an attorney that will take your case pro bono or at a reduced fee. You can always file something pro se, but I would not recommend that to anyone. The facts in your case seem fairly straight forward if the children's mother is in jail for any significant period of time. However, there are procedures that can trip you up and issues that you may not consider.
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