Will I have to file a motion to keep myself as custodial parent and him non custodial when he gets out of jail?
You need to see an attorney about this. While he is in jail, you are the custodian. In order for that to be permanent, you would have to file a petition for modification.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
What do you mean by custodial parent? Is there a court order for parenting time? Child support? Both? If so, the other parent going to jail would be grounds to modify either a time sharing plan or child support. Although, you aren't going to get child support while he is in jail. If he is already ordered to pay child support, it will continue to accrue while he is in jail unless he files to modify or abate. No court order changes until another court order changes it.
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