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When a parent is locked up in jail what rights do the have to the custody of their child.

Lehigh Valley, PA |

Does the other parent get full custody while mom is in jail if they file for it? What rights to custody does an incarcerated parent have in Pennsylvania?

Attorney Answers 1


They can still have joint legal custody but for obvious reasons cannot exercise physical custody so the parent not jail would get physical custody. The grandparents, however, would have the right to sue for visitation of the grandchild if their daughter is in jail.

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