Legal Question in Family Law in New Jersey
incarcerated father
I am the mother of a 22 mo old boy whose father i am almost divorced from, living in New Jersey. He was arrested in 6/06 for attempted burglary of one store and actual burglary of another store and most recently, arrested again (1 week ago) for burglary of 2 residences. If convicted of these, he will most likely be sentenced to much time in prison, as #1, he was on probation when he allegedly commited these crimes (from a past drug conviction) and #2, he has served 5 yrs in the past for similar charges, relaeased just in 2004...he has a VERY long criminal history, including drug arrests and burglaries. My question, if convicted and in prison, do i have a legal responsibility to bring my young son to the prison for visitation with his father? And, do i have the right, if he is convicted, to get sole legal custody? At this point, without the conviction and just the charges, i was looking for joint legal custody but if he is away for a long time in prison, can i seek sole custody? Please inform...thank you so much.
1 Answer from Attorneys
Re: incarcerated father
You can "seek" anything you want. It will be up to the judge as what is granted. I would suggest getting an attorney if you really want to keep your son away from him because parental rights don't just go away.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
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