Child Custody When One Parent Is In Jail

Child Custody When One Parent Is In Jail


Imprisonment can impact child support, visitations and child custody for the parent that ends up in jail. In this case, the other parent can turn into the custodial parent briefly while the other parent is in jail or prison for the length of their sentence.

Parent of an Underage Child

Custody agreements for a child that is a minor will sometimes depend on if there are any prior agreements in place. The court can get involved in these proceedings to establish the child’s best interests; however, the non-custodial parent can take over custody in the absence of other agreements. For the imprisoned parent, the courts may terminate their custody rights for the reasons of the conviction and prison or jail stint. Afterwards, the courts can place the minor with another individual in the family or the other parent if they are alive and justly fit to take custody.

Joint Responsibility

The imprisoned parent can’t have custody of a child while incarcerated. Nevertheless, even under these circumstances, the parents may share responsibility if the court doesn’t terminate the rights of the incarcerated parent. Specific issues may need consent from the individual that is incarcerated while others are no longer in their control. Despite that, the forthcoming release of that parent may also impact these situations. The custodial parent within their incarceration can petition the courts to discontinue the rights of the other because of their sentence.

The Significant Questions

When one parent is imprisoned, it’s important to get legal counsel to find the answers to the significant questions like who is going to get custody when the custodial parent is imprisoned. What occurs when the parent is no longer imprisoned can also impact the result of temporary custody. When an ex-spouse heads to jail or prison, visitation rights could be suspended until they are out. When the custodial parent doesn’t have any arrangements, the courts can award the non-custodial parent brief custody. Added factors usually depends on the charges filed and the conviction connected to the case.

Charges that can Impact Custody

When the custodial parent heads to jail or prison, a judge can use the charges and conviction to establish what to do next additionally to other elements. Charges involving more severe factors like murder, assault, sexual assault and disorder might strip that parent of their parental rights. Other charges may strip visitation rights and impact the result of future issues like returning the child to their original home. The judge can establish that the other parent is better suited because of the conviction and the particular crime in the case.

Consultation with an Attorney When the Other Parent is Incarcerated

Many parents will look at the incarceration as favorable since it can provide the option to pursue custody when the other parent was being challenging. The judge may establish that the parent that stays free is a suitable fit after the other parent is incarcerated. This can generate the option to make custody either tentatively or on more permanent grounds. Once the mother or father is no longer imprisoned, the judge might need to establish if the circumstances will change, but if the parent stay a good match and has the child’s best interests in mind, the judge can keep the situation the way it is with these factors in place.

More Severe Crimes

The more serious the charges are against the parent, the more likely they will not come back to society for many years. Murder, disorder, battery and white collar crimes can take a parent out of the situation. Family court can establish on the basis of the crime committed and the sentence given, that this parent isn’t suitable to care for the child anymore and will pick a different individual to provide for the youth. Family court can issue a temporary order and establish which is best suited to bring up and support the youth.

Legal Support During Incarceration

The parent that is facing a long prison or jail sentence might require a lawyer to look over custody arrangements and help to guarantee a suitable guardian is in place. The parent might be required to give the power and rights to the other parent if that’s in the child’s best interests


  1. Child Custody When One Parent Is In Jail.,

Speak With Our Child Custody Attorney In Scottsdale

Our child custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.


Jennifer Moshier Collaborative Divorce Lawyer Scottsdale Arizona
Jennifer Moshier, Scottsdale Divorce Lawyer


Recent Posts



Finding the right mediator can be difficult.


Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.

Jennifer Moshier, Scottsdale Divorce Lawyer

Trail Potter  –  Divorce  Lawyer

You are now leaving

You will be redirected to

Click the link above to continue or CANCEL