If within the past week my ex was arrested, is there a way that I can obtain custody of our children since he’s now incarcerated?

Get Legal Help Today

 Secured with SHA-256 Encryption

If within the past week my ex was arrested, is there a way that I can obtain custody of our children since he’s now incarcerated?

We have 2 children who live with me but there is no custody order. His family is harrassing me and they keep throwing in my face that I do not have legal custody.

Asked on December 3, 2012 under Family Law, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

If you are a biological parent of the child, then your rights trump those of her family members.  However, to make everything cleaner and assure the continuing stability of the children, you need to file a custody suit and request that the court grant you temporary custody of the child while the suit is pending.  If you can get this filed while she is still in jail, it will make it much easier for her to be served with notice.  Her incarceration will also be a factor for the court to take into consideration when resolving custody issues. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption