Yes, custody can always be modified. You will need to file a motion with the court to modify custody and have a hearing. A judge will review the facts and reasons for your requests and determine if custody should be changed or if you should at least get visitation to try to rebuild the family.
The molestation issues will be very important, why you were in prison, what progress you have made since being released, and what benefits the children are receiving from the current custody situation.
You need to contact a local family law attorney to see what options are available to you and allow the attorney to see the current court order for the children.
The information provided herein is general information and not designed to create a lawyer-client relationship, nor is it intended to be all-inclusive. You should seek counsel from an attorney about your particular situation to ensure your rights are protected.
Much depends on your current circumstances and what is in the best interests of your children. Seek to visit them first and then reunification if things go well.
No attorney-client relationship is created by this response. Always see an attorney in person to create an attorney-client relationship. The author of this opinion is licensed only in the states of NC, SC and TN.
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