Ex is in prison


#1

Ex and I are divorced. My ex went to prison before final custody occured. Does everything have to be put on hold for the next year or two until
my ex gets out or can I not get some type of order that states I have full legal and priamary custody while my ex is in prison?


#2

You do not have to wait for him to get out of prison to litigate custody. If anything, your chances of getting an order granting you full physical and legal custody are better if you have the trial while he is still in prison.


#3

When I posed this question to my attorney about 5 months ago, he just stated that if we asked for a hearing then my ex’s attorney would just file a continuance based on him not being able to be available. Is this true. It seems absurd to me that I can’t get custody of my children when my ex is in prison and I have had custody of them for almost a year now since he is in prison. Is my attorney just giving me the run around? What can I do?


#4

The clerk can issue a writ for a prisoner to be transported to the county where the case is being held for attendance at trial. His attorney may file a motion to continue which may or may not be granted. Even if it is granted, at least your action is pending, with pending court dates which means you are more likely to get reached soon after his release if the motion to continue is granted.