I have been married 8 years. Last 2 years he has been in prison in another state. Since he's far away my children Have seen him maybe 5 times in the last 2 years. He has at least 2 years left since its federal time. I plan to file for divorce, things with us aren't great obviously and before he left things were bad. When he left my children were 5 & 1 so with my oldest he would have missed half her life and my youngest almost all of it. He's been sentenced for trafficking meth. When I divorce him how likely will it be for me to have sole custody and possibly terminate his rights. I plan to move out of our home state soon and let my children start over elsewhere, after the divorce is final.
He is in prison. He isn't likely going to be granted joint custody while incarcerated. Nor is a court likely to terminate his rights while he is incarcerated. But yes, the divorce can proceed now.
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