What if mother has child 300+ days of the year and father has child about 4 days a month via the TPA. They are divorced but have not done the final cusody (they are in the process of all the hearings etc). If the father goes to prison for about a year, can the mother proceed w/ the case and will it help her be awarded sole custody etc if the father is in prison? What happens to child support payments also the father is making? Do they just get put on hold?
She could file for custody and the court would likely award custody to her while he is in prison, but he could seek a modification once he’s released. Child support arrears do not accrue while he is in prison.