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Does the non-custodial parent get custody, when the custodial parent goes to jail in another state.

Patterson, GA |

the custodial parent was arrested for domestic abuse against her husband and son in Kansas.
she and my husband have daughter together, the Kansas police then found out she has an outstanding warrent in FL for drugs, and is being extradited to FL. leaving his daughter with her step-dad. all of the divorce decree and visitation between my husband and ex-wife are from wayne county GA. when she left with the child she did not modify any court orders. we keep in touch with the daughter as much as possible, and we have seen her 2 times in nearly 4 years. the ex-wife has health issues ans abuses her prescribed medications. and as of right now we have no idea how long or what consequences she has to deal with.

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Attorney answers 3


Your post is confusing but it sounds like you are asking if a jail sentence somehow changes custody, and the answer is no. To change custody, one of the parents has to take the other parent to court, and that should be done with a lawyer.

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A noncustodial parent does not automatically gain primary custody of their child unless the custodial parent passes away.

For your husband to obtain primary custody of his daughter, he will have to file an action to modify the current custody order. Since the order was issued in Georgia, GA maintains jurisdiction to modify the order. Your husband should consider contacting an attorney in his area to discuss his options.

I hope this information helps answer your questions.

~ Kem Eyo

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.


See my AVVO Legal Guides on child custody and the Uniform Child Custody Jurisdiction and Enforcement Act.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

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