If my ex just got sentenced to prison, would it be a good idea to fight for full custody now?

He only talked to our daughter 2 times within the last 5 months and has not paid child support for 9 months.

Asked on September 12, 2012 under Family Law, Idaho


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the fact that your "ex" will soon be going to prison, he will have a difficult situation contesting a custodial battle with you with respect to your child. It is entirely up to you whether or not you want to wage a custodial battle with him at this time. For all intents and purposes since he is in prison you will have full custody of your child. Given this, why would you want to expend the money and energy for a custodial battle with the "ex"?

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