If the co-parent of your children has gone to prison, you need to act fast. This is especially true if the co-parent has legal and physical custody of your children. Now that the co-parent has gone to prison, you'll need to make changes to the custody agreement. But, this will take some time and effort on your part. If you're not sure what to do next, read the information provided below. Here are some steps that will help you through the custody process.
Hire an Attorney
Now that the co-parent of your children is incarcerated, you need to hire an attorney. Seeking custody changes against someone who's incarcerated can be a stressful process. One of the problems is that your co-parent will need to sign documents. But, accommodations are difficult to make when someone is incarcerated. That's why you need to hire an attorney. An attorney can get access to your ex, even while they're in prison. This makes it easier to sign documents and serve papers. Plus, family law attorneys know how to navigate the judicial system. This is important when you're trying to get custody of your children from someone who's incarcerated.
Now that you're trying to get custody from someone who's incarcerated, you'll need to identify their income. The co-parent is in prison. But, they still have an obligation to pay child support. You might think that their only source of income is what they make from their prison jobs. That might not be the case. Your ex could have income from investments, or retirement accounts. A family law attorney can help you get child support payments from those income sources.
File for Custody
Now that your ex is in prison, you'll need to file for a change to the custody orders. It might seem like custody automatically transfers to you. But, there are still some legal steps you need to go through. Before you can have legal custody of your children, the courts have to make the final orders. That's why you need a family law attorney. Your attorney will make sure that the custody papers get filed properly and on time. That way, you can avoid delays with the change of custody orders.
You will also need to plan for visitation. Depending on the type of conviction, the judge may allow your ex to have visitation of the minor children. If that's the case, you'll need to make arrangements for that. Your family law attorney can help you make those arrangements.
For more information, contact a firm like Tri Cities Law Group.