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How can someone in jail get a divorce? How can the parent who is in jail then sign over custody to someone else?
6 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Have new spouse adopt the child.
Answered on Jul 03rd, 2013 at 2:29 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Being in jail doesn't change the basic requirements; it just may be a little harder to do without an attorney. Any parent can delegate parental authority to someone else by a power of attorney. Otherwise, a parent can't just "sign over custody" to anyone except as part of a court case.
Answered on Oct 27th, 2011 at 2:00 PM
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One may obtain a divorce from jail as easily as anywhere else, provided the person seeking the divorce has access to an attorney who can draw up the proper pleadings. Some types of divorce in Louisiana may be filed and proven by affidavit, and require no actual court appearance by the parties. Custody and incidental matters usually require a hearing unless the parties agree and file an agreed upon judgment with the court. Some courts require a court appearance even when the parties agree and sign an agreement. A parent in jail may sign over custody by affidavit, or may submit to a judgment giving custody to another party. For certain hearings a person in jail may request to be transported to the court proceedings, which requires a court order.
Answered on Oct 27th, 2011 at 1:59 PM
A person in jail can file for divorce just as any other person. Pleadings can be filed by mail with the Court.
Answered on Oct 27th, 2011 at 1:35 AM
Glen Edward Ashman
It is very hard for someone in jail to file. Step one is hire a lawyer.
Answered on Oct 27th, 2011 at 1:21 AM
James Albert Bordonaro
A divorce in jail is possible. You have to use the mail system or hire an attorney. Custody is generally transferred via a temporary Custodianship but that assumes the person in jail has sole custody otherwise, it is presumed that the non-custodial parent will have temporary (and depending on how long the other parent will be in jail - perhaps permanent custody) custody. It's best to notify the original court that entered the custody decree so that changes can be made and the child support adjusted.
Answered on Oct 26th, 2011 at 11:10 PM