Does a spouse need to sign over custody rights if they go to prison? 15 Answers as of May 18, 2011I am married and just had a baby. I may need to go into jail. My husband lives in another city than the baby and me but is still a part of our lives. Will I need to sign over my custody of my child to my husband, or can I just give him the baby?
John E. Kirchner, Attorney at Law | John Kirchner
Unless there is an existing court order affecting custody rights that might need to be modified, there is nothing to prevent you from relinquishing custody and control to the child's other parent. If there has been no court proceeding, however, you need to recognize that by permitting the child to live with the father in another state you will probably have to decide any future custody disputes after you are released from jail in that new state.
Answer Applies to: Colorado
Law Office of Joseph A. Katz | Joseph A. Katz
]This could get complicated. You do not have to "sign" anything, since your husband is the child's father. There are so many variables you did not discuss that it is impossible to advise you. For example, will you be together with you get out of prison? What will you do if he refuses to give the child back to you? How long will you be incarcerated? You could try to get a Stipulation ahead of time regarding what will happen both now and when you are released, but you would have to file for divorce and custody, first.
Answer Applies to: California
Michael Anthony Wing, P.C. | Michael Anthony Wing
There are a bunch of facts that could come into play. You could do a temporary custody modification that is set to expire on its own terms at the end of the incarceration period, expressly stating that the custody is temporary and set to expire. Otherwise, you will have to obtain custody upon your release which would require showing a change of circumstances in the custodial home that indicate the child's interest are served by removing the child. You would also want the custody to be joint legal custody with the dad having primary physical custody to minimize the risk that you'd have to show an adverse change in circumstances to remove the child from the dad upon your release. Stay well.
Answer Applies to: Alabama
Howard W. Collins, Attorney at Law | Howard W. Collins
Have you discussed this with the father? Is he planning on returning the child to you once you are out? How long is your jail or prison term? If it is short term the answers may be different than if your sentence is for a longer period of time. There is nothing that I can think of quickly that requires you to sign a document giving him custody.
Answer Applies to: Oregon
Law Office of L. Paul Zahn | Paul Zahn
If there is no order, then you don't need one to have your husband care for the child, however you may have difficultly regaining custody after you get out unless you have an agreement in place for you to retain custody. If you are in my area, please contact me for a free consultation.
Answer Applies to: California