If I have joint custody of my 2 children and pay child support but their father was recently incarcerated, how would I now get full sole custody?

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If I have joint custody of my 2 children and pay child support but their father was recently incarcerated, how would I now get full sole custody?

What do I need to do?

Asked on June 16, 2015 under Family Law, Michigan

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need to file a motion to modify your custody agreement.  Considering that he is incarcerated, it seems like it would be an easy matter.... however, the challenge is usually getting notice of a modification suit to an inmate.  You don't have to have an attorney to do this, but it will make things easier if you do. 

I would also suggest getting this process going sooner than later.  Right now you have a basis for modification.  A year or two down the road, if you don't do anything in response to his incarceration, then the court could find that you have waived your right to seek a modification.


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