I recently was awarded sole custody of my children due to their father having a "family violence indicator" and he is serving some time now related to that however my question is when he's out could he go to the court and have it overturned where I would be forced to do joint custody with him or would it be a slim chance that he could get it over turned?
Yes, it can be changed unless his parental rights were completely terminated. However, the changes of him getting true "joint custody" are very slim. The best case scenario for him, is that after he gets out, he gets some supervised visitation or something like that. You shouldn't worry about that now. If you want to be prepared, save up enough for a good retainer and be ready to hire an attorney when he gets out just in case he files for a modification.
This answer is not "legal advice" and should not serve as a substitute for the advice of an attorney who is licensed in your applicable jurisdiction. The statements provided herein are for informational purposes only and the recipient of these answers assumes all risk and expressly agrees to seek the advice of the appropriate counsel for his or her situation. Should any formal legal advice be sought, the recipient should contact our law firm at the appropriate phone number or email address.
Certainly all modifications can be changed on motion a party, but in your case, it would be most difficult unless you became involved in drugs or placed the children's welfare in danger
If you have a protective order in place due to the family violence, you may also want to plan on renewing that when/just prior to when he is released from prison. The county attorney or district attorney's office may assist you with a protective order renewal, but a custody battle will require a private attorney so setting aside funds now for a retainer is a great way to prepare for a custody battle.
This answer does not constitute legal advice. An attorney should be consulted to provide legal advice to your specific situation based on a fuller understanding of the facts.
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