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Can I Get Custody After Release From Jail?

Many people incorrectly assume that their spouse will be unable to regain custody rights once they are released from jail/prison.  If the parent of your child does go to jail or prison and you would like their rights to be modified, you must request this from the court.  If you are incarcerated, you may need to file a motion upon your release. Often the most overlooked people in the family court system are grandparents or other custodians who take over guardianship of the children while their parents are in drug treatment or incarcerated.  During this period of incarceration, temporary guardianship may be granted by the parents or by the Court.  Often, juvenile court and CHFS/DSS opens a case to grant custody.  This allows the caretaker to enroll a child in school, get medical treatment and act as a parent BUT it does not grant permanent custody. If custody is established, it is temporary.  Permanent custody CAN be granted, but often the custodian must seek this designation through the court. Additionally, it is infinitely better to do this while they parents are incarcerated instead of waiting until release.  This area of the law is very time specific and fact specific in granting more permanent custody to a child caretaker. Remember that unless the person was convicted of abuse of that child, they can likely regain rights which may include custody.  Both the convict and the custodian/guardian should be aware of these rights after release from incarceration.   If you have temporary custody or guardianship and want to make it more permanent, contact your lawyer. If you are being released and want to reestablish parenting rights, contact your attorney.  If you do not have an attorney, contact Bouldin Law Firm to answer questions and for representation.  Call Michael Bouldin at 859-581-6453 or email at [email protected].

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