If I have joint custody of my 2 children and pay child support but their father was recently incarcerated, how would I now get full sole custody?
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If I have joint custody of my 2 children and pay child support but their father was recently incarcerated, how would I now get full sole custody?
What do I need to do?
Asked on June 16, 2015 under Family Law, Michigan
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You need to file a motion to modify your custody agreement. Considering that he is incarcerated, it seems like it would be an easy matter.... however, the challenge is usually getting notice of a modification suit to an inmate. You don't have to have an attorney to do this, but it will make things easier if you do.
I would also suggest getting this process going sooner than later. Right now you have a basis for modification. A year or two down the road, if you don't do anything in response to his incarceration, then the court could find that you have waived your right to seek a modification.
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