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Can someone on parole regain custody of their child

Gilbert, AZ |

Mother is out of prison for 5 months. Father has full custody.

Attorney Answers 4


It is an uphill battle but with a good local attny it is possible. take care.

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The person could petition the court for a modification of the previous order. If that happens the father should get an attorney immediately. The parolee could also ask for unsupervised visitation which depending on her crime might not be in the best interest of the children. My advice to the father is if the father doesn't already have an attorney he should talk with (many firms including mine give a brief free consultation).

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First, Arizonano longer uses the term custody. Time that you spend with your child is known as parenting time. If you lost any parenting time because of your problems with the criminal justice system, I suggest that you petition to modify parenting time after several months of complying with parole terms and conditions.
You should be prepared for slow progress in terms of parenting time, but over time, if you stay on track, you sglhould be able to reestablish a relationship with your child. Good luck.

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In Arizona custody is now called "legal decision making authority" and parents can share joint decision making authority or one parent can have sole decision making authority. This is a completely separate issue from parenting time (visitation). If a parent on parole wants to gain parenting time with their child, they can petition the court and ask for such (even if the other parent has sole decision making authority). Depending on what the parent was in prison for, the Court may place certain restrictions on parenting time (i.e. it may be supervised at first or the parent and child may have to go through a re-unification process if it has been a long time since the parent has seen the child). Ultimately, it is likely that the Court would allow a paroled parent to re-gain some form of parenting time with their child. It may be more difficult to obtain joint decision making authority for a recently paroled parent - but after some time has passed with no further criminal incidents, a parent may be able to obtain joint decision making authority as well.

Any answers provided should not be construed as legal advice or used as a substitute for legal advice. Any information provided is not intended to and does not constitute or create an attorney-client relationship between you and J. Nichole Oblinger. You should not act on any information provided without seeking the advice of a qualified attorney.

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