What happens when a custodial parent goes to jail?

Asked over 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.

Related Topics

Mother's rights in child custody

Mother's rights covers the parental rights of the mother. These rights primarily relate to child custody, visitation, and child support.

Wendy J. Norman

Mothers’ Rights

A mother has certain legal rights pertaining to her children. When a mother needs legal assistance with child custody, support, visitation or paternity, a family law attorney can advise her... more

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,608 answers this week

3,053 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,608 answers this week

3,053 attorneys answering