How to Keep Custody of Your Children While in Prison

[jstew]

My question involves a child custody case from the State of: Michigan

A very good friend of mine called me the other day. He's been in prison since February because his ex, the mother of his children, called and lied to his PO. He told me that he got a letter the other day stating that his ex went to friend of the court in March and filed for full custody of their kids. The letter stated that he had so many days to respond. He was never notified that there was a hearing until after she had already went to court. His ex told him in January that she would keep their kids away from him. He didn't want to be with her anymore -for good reasons- so she gave him an ultimatum; stay with her or lose custody his kids. When he said he'd fight her, she got him sent back to prison. He is a good father. He did everything for his children, and for her. He doesn't know what do to. He doesn't want to wait until he gets out because he feels it will be too late. He said another inmate told him he needs to get an Ex Parte, but I can't find what he's looking for. He said that the letter said they didn't wait for him to get out because at the time he didn't have an out date. What can he do to keep custody of his children? Can he even do anything while he's still incarcerated, or does he have to wait until he gets out?

[Mr. Knowitall]

You haven't yet told us the status of any custody orders, or that he has physical custody of the children.

If dad is in prison, it's beyond obvious that he cannot have physical custody. You've given no indication that mom doesn't presently have full rights, so the question then becomes whether mom's unfit to the point that protective services would intervene. If dad wants custody, he has to first get out of prison.

[jstew]

I don't know what the status is. As far as I know he still has custody. The letter he got said he had 21 days to respond to the letter the court sent him. I'd assume that after that time has gone by he'd lose custody. I don't know her personally, so I couldn't say if she's an unfit mother or not. To him she is. He said he's going to write the court a letter, but if he has to wait until he's out, is the letter going to do anything for him?

[Mr. Knowitall]

If you don't know the basic facts, not the least of which are whether there's presently a custody order or what it says, there's not much we can say in response.

[jstew]

All I know is what he's told me. He had joint custody before he went to prison. He said the letter he received told him he had 21 days to respond to the letter. She went back to court at the end of June. As of right now, I do not believe he has custody. He wasn't able to show up in court. I told him he would have to wait until he's out in October, but he wouldn't listen to me. So I came here. But as you've stated, he does have to wait until he is out. That is really all I wanted to know.

[stepmommy]

I believe that he can still respond to the letter and appear in court to fight his ex getting sole custody while in prison. In NY my ex appeared in court from prison when I took him for sole custody. He should still be able to retain joint LEGAL custody while in prison and then petition for visitation when he is released.

[jstew]

What would he have to do though? He mentioned something about Ex Parte, but there's two forms. Would he be objecting or filing one? The letter he got didn't tell him what to do, so he's pretty much on his own.

[Mr. Knowitall]

He can participate in custody proceedings while incarcerated. If he chooses not to do so, he can expect that the mother will be granted the relief she is requesting from the courts.

[stepmommy]

I just did a quick google search and I'm not sure what state this is for but it sounds similar:

http://legalvoice.org/pdf/self_help/...carcerated.pdf

Let me know if this helps, I can keep looking if not.

[jstew]

Yes, that helps, thank you. He has to wait until he's out to get physical custody, but for right now he can get legal. I have the forms he said he needs, but I don't know for sure if those are the ones he needs. He said he needs either FOC61 or FOC62. I don't want to send him those and he end up needing something else. http://www.mi.gov/documents/dhs/DHS-...7_383262_7.pdf