Does a person in jail have rights to Child Custody?

He has rights and obligations until family court changes the order.

Visitation is based on the best interests of the child. Regardless of visitation, support obligations will continue.

In Florida there is shared responsibility, depending what your in jail for, but both parties have rights to share the child/children.

You should seek sole legal and physical custody of the children while the former spouse is in jail. At that time you may seek to terminate visitations. A court is unlikely to order visitations while a spouse is in prison. It is also unlikely that the support requirements would continue if your spouse is in jail for 20 years. However, you may be able to collect any past due support, if your spouse has any assets from which to collect. You should contact an attorney for information related to your particular case.

First, let's assume that you are in the State of Washington. I do that because Washington is where I'm at. Further, alimony, child support, and child custody are governed by state law. Therefore, it varies somewhat from state to state. From your email, it sounds like your spouse has not yet been convicted. If he eventually is convicted and sent to jail for a long time, then, we can say a few things about your case. Child support and alimony. Both child support and alimony are set based, to a large degree, upon the incomes of the parties. If your spouse is in jail for an extended period of time, he will have no income. Hence, the court will probably order no alimony and little child support. Custody. If your spouse is in jail, then, you are going to be the primary residential parent of the children. You will likely to have the right to make all major decisions regarding the children. Also, likely, there will be little or no visitation ordered with your spouse. Now, this does not mean that your husband's rights are totally terminated. Once your spouse is out of jail, depending on exact circumstances, the court may give your spouse some visitation with the children. However, at this time, predicting exactly what that might be is pretty much impossible.

Legally, yes. Practically, no he could not exercise any "physical custody". But, merely being incarcerated does not terminate his parental rights nor his parental obligations. It may be appropriate for him to be involved in major decisions affecting the child, if he cares; he won't be excused from child support or alimony obligations, but obviously he isn't going to have any income while a prisoner so whether anything gets paid will depend on whether he has any outside assets available.

In Washington he would still have a duty to support andcould arguefor a parenting plan that was in the best interest of the children. The child support will be based on his income, so presumably his support obligation would be low. You can argue that it is not in the best interest of the children that hebe involved in decisions aboutthem or be forced to visit him in jail.

No, not really. He has no way to exercise parental rights, and especially regarding custody and visitation. He will not have to pay child and spousal support, which are suspended by law while he is incarcerated. If he's going to serve 20 years,just file for sole legal and physical custody. You do not have to terminate his parental rights, but could move to do so. This is a sad situation and I am sorry to hear about it. We all, including the Courts, (and even sometimes CPS)want to see a child, who innately loves his or her parents, often despite very abusive situations, have a loving and healthy relationship with both parents. This reminds me of the movie, 'Blow', with Johnny Depp and Penelope Cruz. It is horrible to miss out on your child's life. Just for obstructing justice and making false statements to the FBI?

The question would be: is it in the child's best interest to be in the custody of an incarcerated federal prisoner; and the answer would be no. I think it would be a kindness to take the children to visit him (from time to time), but you likely will not even be obligated to do that.