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Being in Jail: Obtaining Custody and Child Support

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  • Being in Jail: Obtaining Custody and Child Support

    What are the options for me to obtain custody if the non custodial parent is in jail in another state (WI) if possible how quickly can it be obtained for a struggling single parent.

  • #2
    re: Being in Jail: Obtaining Custody and Child Support

    I wish to inform you that you may file a petition in the court seeking sole child custody in the same court which made the initial child custody order as it has continuing jurisdiction in the matter. You may obtain the forms from the office of the Clerk of Court or download online from the Website of the court. You may study the guide for self represented litigants online on the Website of the court. The burden of proof in the court will be on you to show why you may be granted sole child custody. You may inform the court that the non custodial parent is in jail in another state and unable to look after the child. The court always considers the best interests of the child. The court will consider all the facts and decide the matter.



    • #3
      re: Being in Jail: Obtaining Custody and Child Support

      If one is the biological parent, and a fit and proper person, they may apply for custody. A lot depends upon where the child is now as to procedure. If in the custody of the state, made a ward of the state, you will have to deal with Social Services, their Child Protective Services department.

      Where is the child now? In your care? If so, then apply for sole custody and whatever visitation rights you wish granted (if any), and for support which will be ordered even if the other parent is currently in jail.

      Whether one is a struggling single parent or not has little to do with court scheduling. That depends upon case load in the family law department. Motions in many courts can be set for 30 days or so and depending upon whether there is a family court investigation will determine how long it would take with your application.

      If your income is limited and you meet their criteria, you may apply to Legal Aid for representation.

      There are some issues that one can take on their own, like a small claim. But when the welfare of a child is at stake, anyone who encourages a person to represent themself and the interests of the child is foolhardy. My recommendation is that you consult with a family law attorney and if at all possible be represented by one who knows the law, court procedures and rules and can clearly, concisely present your case.


      • #4
        re: Being in Jail: Obtaining Custody and Child Support

        Generally speaking, if you qualify, applying for social services is your best recourse. They will pave the way to court and a support order, which will be owed to them. As the parent is incarcerated and has no income, the order will likely be for the state minimum amount. If you do not qualify for social services, you might still qualify for legal aid and can obtain a similar order, which will be owed to you. When the individual is released, they will have incurred the arrears.
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