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?
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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 12 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.
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