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Who gets custody of the children if the custodial parent goes to jail?

Minneapolis, MN |

I am divorced and have joint custody of 2 children ages 12 and 14. My ex husband currently has physical custody and I have visitation every other weekend. After the divorce my ex husband got a DWI and was put on probation. He has now violated that probation and is going to court in 6 days. His jail time was stayed when he got his DWI, IF he goes to jail what happens to our children. Do they automatically come under my care? Is this grounds to try get full custody of my children? He has a chemical dependency problem, and has been to treatment in the past. First of all I want to know my children are going to be taken care of and safe.

Attorney Answers 1


  1. There is a preference in this state that the children reside with one of the parents when the other parent is not able. The children should stay with you if he has to do jail time, and/or treatment. If you wanted to file for a change in custody this may be a good time because of the instability that the children are facing in the other parent's care.

    I would discuss this matter further with a few attorneys.

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