Does one parent get full custody of child if other parent is in jail

687 votes

If u share the custody of the child with your spouse and the spouse is in jail or has absonded after being releasesed, you can move the family court for grant of custody of that child. Life and future of the child cannot be compromised with and the courts take really strong note of such things. You can file an application under relevant provisions of the guardianship and wards act in order to get the custody.

Advocate Rajnish Kumar Singh LawRato

634 votes

Yes in case any parent who has a childs custody is sent to jail, in such case the other parent can easily ask the court for custody of the child on the basis of this plea that the parent who enjoyed the custody of the child is in jail or is sentenced for imprisonment and in the best interest of childs future, can seek the childs full custody.

Advocate Naman Gupta LawRato

950 votes

If one parent goes to jail definitely the custody will be with other parent but after being released the parent does not turn up for years then the other parent can claim full custody .but I can advice you properly after knowing the full facts of the case, so you can contact me for better advice.

Advocate Nitin Kumar Jain LawRato