my husband has been incarcerated for 7 years and he has 2 years left. His youngest child’s mother is filing for sole custody and he received a letter for a hearing..: he won’t be able to attend but if we are legally married can i go in his place?
The court should be advised that he is in jail so that he can be brought to the court from jail. If you can hire a lawyer for him that would be the recommended course of action.
No, you cannot stand in his place. In theory, the Court knows your husband is incarcerated. But your husband should respond to his ex’s application stating he is incarcerated so that the Court arranges for him to be there or appear via closed circuit TV. Custody is a complicated legal issue and your husband is seemingly on the losing end of the argument in certain ways (incarcerated for 9 years; nature of the crime; involvement in his children’s lives; etc.). In this case, the court makes its determination based on the best interest of the children. So there are many factors at play and his incarceration and its effects is certainly relevant. But so are many other things. I would recommend retaining an attorney as this is far too complicated of an issue for a pro se litigant to manage successfully.
Depending upon the circumstances, arrangements can be made for your husband to appear in person, over video or phone. He should respond/oppose the application being made in the proper way, otherwise he risks not being able to take a position at the hearing.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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