QUESTION
If my husbands ex wife is in jail with 8 felony charges and she does serve time do we have to file for custody?
Asked on Mar 13th, 2014 on Child Custody - Ohio
More details to this question:
She just got arrested on the first but she is facing 8 felonies which include burglary, attemped burglary, breaking & entering(use of firearm) and theft. They range from F5-F2s. She has custodial guardianship and she is in jail now and we dont know when her court date is but the child is with the ex wife's mom dad and grandma. Does he have to go file for custody or would the courts give him custody if she does get prison time?
1 ANSWER
1 Award
If the children's mother had custody of the children pursuant to a court order and she is now incarcerated and/or facing charges and the children's father would like custody, his best course of action would be to see a local family law attorney and file a motion to modify custody.
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Answered on Mar 13th, 2014 at 3:28 PM
The answer provided is not legal advice and it is recommended that you seek advice of an attorney.