Legal Question in Family Law in Missouri

Getting Custody of child when other parent incarcerated

My ex was arrested and is now in jail. He has had custody of my child. My child is currently under the care of my ex's new partner, but they are not married. What steps can I take to get my child back. Am I able to get custody now that my ex is in jail. Please help. Thank you


Asked on 9/01/07, 3:27 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Getting Custody of child when other parent incarcerated

Although an attorney would need to know all of the pertinent facts before giving you specific advice, generally speaking it is possibe to file a Motion to Modify whatever Court Order exists that gives your ex custody of the child. It sounds as if you would have a very good chance of winning that Motion and obtaining a Court Order changing custody of the child to you under the circumstances you describe. If this case is in the eastern part of the state I may be able to help you or refer you to someone who could help you. Please feel free to call me for a consultation.

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Answered on 9/01/07, 5:57 pm


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