If the father has joint physical custody of the child and the mother goes to prison, can he file for sole custody

Asked over 2 years ago - Columbus, GA

The father was given physical joint custody while the mother was on bond. The father has found a better job in Montana & would like to move. The mother has been in prison for over a year. The father wants to change the custody papers to where he can move the child out of state. It is in the best interest of the child I believe.

Attorney answers (3)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . This requires an experienced lawyer. Ultimatelty it is up to a court but certainly it is possible that a court reviewing the facts would find reason to change custody. Details, such as what the mother is in jail for, and the fitness of the father, and language of the current order, all matter.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Daniel Ellis Rice

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If the father wants to move out of state, and the mother is in prison, those sound like sufficient reasons to justify a modification of custody petition on the basis of "substantial change in circumstances." Obviously, this is just my general opinion, based on the facts provided.

    I advise that you contact a family law attorney in your area who can better advise.

  3. Anthony M. Zezima

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . You should consult with an experienced custody attorney. If you have true joint physical custody, and the mother is in prison, you may be able to move immediately by seeking an emergency petition.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However,... more

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