What happens when a custodial parent goes to jail?

Asked almost 2 years ago - North Port, FL

i pay my ex child support and i am utd on my payments on the other hand he has to pay child support for another child he has and is behind in payments to her. i know hes to point of facing jail time. would i be able to get my son back if he goes to jail? hes only had my son for 2yrs now and i had him for 6yrs before that.

Attorney answers (1)

  1. Matthew James Slack

    Contributor Level 9

    Answered . Florida law favors keeping children with their biological parents. You may be jumping a little ahead at this point if you ex has not been incarcerated yet. It is likely the child will go to you if he does. This will also depend on the court order. If you would like to discuss this in a free consultation, call me to schedule one at (941)444-5128.

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