Legal Question in Family Law in Connecticut
Rights of incarcerated fathers
I live in New Haven CT and I have a 9 mont6hs old daughter. Her father and I were together briefly in the summer of 2005. I found out that I was prenant after he was sent away and he has been in there since. I have no criminal histotry but I have been hospitalized for depression about 4 years ago. He says I'm crazy and he is going to get his sister who is very sucssesful to fight for custody. Can he do this? Can I get file for sole custody before he gets out?
2 Answers from Attorneys
Re: Rights of incarcerated fathers
You cannot obtain custody without having it determined by a judge. The judge will not determine custody without the father knowing of the proceeding and or participating in it.
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Re: Rights of incarcerated fathers
Yes you may file for custody now. In deciding custody--and in a case where it is not agreed to between the parties--the court will determine what situation is in the best interest of the child. This "test" involves numerous factors, such as who has been the primary caregiver of the child, the financial situation of the parties, their mental and physical health and preference of the child. While your mental health problem does not work in your favor, it would not in and of itself dictate custody to the father (who also has weaknesses as exemplified by his incarceration).
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