Can I have full custody of my son if his father in jail?

Question Detail

Can I have full custody of my son if his father in jail? I get child support, we are not together and he has no job.

Answer

Yes you can file a motion with the Court asking to have full custody of your child awarded to you while the father is in jail. It is likely the Court will do this for you. The father will then have a right to file a motion to get custody back once he is released from jail. He will have to meet certain conditions though before the Court will restore his parental rights especially since he has been gone from the child’s life for so long.