QUESTION
How do I apply for joint custody of my minor daughter while I am in prison?
Asked on Mar 26th, 2014 on Child Custody - Nebraska
More details to this question:
We have not established paternity yet or started child support payments through the court system.
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can establish paternity and set the stage for a parenting plan and child support when you get out. However, first, there is no custody as such in WA. Second, no reasonable judge would provide for joint decision making while you're in prison. Third, no reasonable judge would provide for a 50/50 schedule when you get out as the child will have had no history with you. Depending on the crime for which you are doing time, you will likely start with supervised visitation when you get out.
Answered on Mar 28th, 2014 at 9:21 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You need to file a paternity action to start the process before custody can be addressed.
Answered on Mar 27th, 2014 at 11:31 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can petition to determine paternity. The court should allow it assuming you can have the DNA test accomplished with you in prison. But you won't get any sort of custody until you are out of prison. Not going to happen.
Answered on Mar 27th, 2014 at 11:31 AM
4 Awards
You will not be able to obtain joint custody while you are incarcerated. There is a 4 year statute of limitations for a private party (mom or dad) to bring legal action to establish paternity. However, if the child receives state aid/benefits, the Child Support Enforcement office can bring an action on the child's behalf even after the child is 4 years old. You would need to consult with an attorney about your options, but joint custody is out of the questions when you cannot actually exercise it in most cases.
Answered on Mar 27th, 2014 at 11:31 AM