QUESTION
How could one get child custody after being incarcerated?
Asked on Aug 11th, 2015 on Child Custody - Wisconsin
More details to this question:
I am a grandparent and have legal custody of my 5 year old granddaughter. I have had custody for almost 2 years. Dad is in prison for drug trafficking. He will be getting out soon. He served 1 year. What does he have to do to get custody back? He did have custody for about 1 year before he went to jail. Thank you.
2 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You would have to look at the court orders which granted you custody to see if there is any limitation based on the passage of time or the father's release from incarceration. If you feel that his resuming custody would be a serious danger to the child, you can go to court to seek one or another remedy which would protect them from him. Consult a capable family law attorney. They will know the local rules and practices, and how best to assemble and present them to a court. Good Luck to you and your grandchild.
Answered on Aug 12th, 2015 at 3:15 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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He would have to petition the court for custody and the court would determine if he would get custody back. Until he is out, with a secure residence and job, it is unlikely that a court would give the child to him; however, if he files a motion you should get an attorney.
Answered on Aug 12th, 2015 at 8:44 AM