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Incarceration can spur child custody issues

On Behalf of | Sep 3, 2022 | Child Custody & Support |

When Texas parents divorce, they undoubtedly have discussions regarding how to provide for their kids as they end their marriage. When the parents get along reasonably well, they are often able to create a parenting plan in a peaceful and amicable fashion. Other parents have a more contentious relationship, which can make it difficult to resolve child custody issues.  

There are several things that can prompt a need to modify a parenting plan. If the need arises, it is important to know what steps to take to request a child custody modification. One issue that might make an existing parenting plan unfeasible occurs if a parent becomes incarcerated. 

Child custody concerns when one parent is in jail 

Keeping children’s best interests in mind when making child custody decisions helps parents focus on the kids themselves, rather than any personal differences between the two of them, especially regarding past marital problems. However, if one of the parents is incarcerated, he or she would not be able to do things, such as pick up or drop off kids at school or be at a certain place at a specific time to exchange custody. A woman who co-parents with the father of her children, who happens to be incarcerated, said that it is important to continue to include her children’s dad in child-related decisions and to support his desire to still be active in their lives.  

Resolving child custody problems when a parent is behind bars 

A parent who is not incarcerated may wish to request sole child custody of his or her children when the co-parent is in jail. The parent requesting sole custody may list “incarceration” to show legitimate cause for requesting modification of an existing court order. The fact that a parent is in jail, in and of itself, does not necessarily mean that sole custody will simply be awarded to the other parent.  The circumstances are important, and it is helpful to meet with a child custody attorney before filing a petition in court.