How One Parent’s Incarceration Affects Child Custody in Maryland
The incarceration of one party can have an impact on child custody matters in some cases. To understand exactly how it affects your particular situation, you need to speak with a skilled Maryland child custody lawyer who can help.
Incarceration Before Child Custody is Determined
In the event your ex was thrown in jail during your custody battle, know that receiving a felony conviction can have a major impact on the outcome of the custody decision. It is impossible for someone to maintain custody of his or her children while in jail or prison. The court will also look at a parent’s record to determine whether he or she has an alcohol or drug problem, is morally fit, can provide a stable home, etc.
The court may opt to terminate parental rights if the incarceration deals with violence against children. If there is no history of family violence, the court may allow the incarcerated parent to keep his or her legal rights, at least. What this means, though, is that if your child needs to undergo an elective medical procedure, you would still have to get permission from an ex who is incarcerated.
Incarceration after Child Custody is Determined
If the incarceration happens after child custody is determined, it is handled differently. For example, if the mom is arrested and was the one who had physical custody, the child cannot stay with the mother’s boyfriend who is not a parent. The child should move to be with his or her father, provided he is a suitable parent.
Steps to Take after Custodial Parent is Incarcerated
Once you learn that the custodial parent has been incarcerated, there are several steps you need to take in order to ensure the safety of your children. You need to contact an experienced Maryland family law attorney who can help you through what happens next. First step is to contact the right agency, like the Department of Family and Children’s Services. If you are not able to take on custody, the state may take temporary custody. A relative may look to seek guardianship, which would need to be approved by the state agency.
If you are a relative who is looking to gain guardianship, your next step would be to file a motion for a temporary guardianship in family court of the jurisdiction where the child currently lives. Your petition has to be detailed and discuss how much time you want for guardianship. Failure to state a time period could result in the court setting a specific time period, which could cause additional problems like disrupting the child’s life unnecessarily.
If you are the other parent and there are allegations of domestic violence, you will need to file a protective order by visiting the appropriate court to file for a petition for a protective order. If the judge believes you and/or child is in danger, then the judge will issue a protective order. Your Maryland family law attorney can help you with the remainder of the necessary steps.
Contact a Maryland Family Law Attorney
If you need assistance with child custody in the event your ex-spouse is incarcerated, please contact Robert R. Castro Family Law Firm today at 301-705-5253 to schedule an initial consultation.
