View Full Version : How does child support work when the father is in prison?
tamkat
Jul 4, 2010, 05:10 AM
When my son was born his father was in jail so he never signed the birth certificate, he was released when my son was 5 weeks old. My son is now 5 months old and he is back in jail again this time he will be going to prison for 2 years. He has never helped me finacially and now wants visitation of his son while he is in jail and to continue as well in prison, Is he obligated to pay any child support? How does child support work when the father is in prison? Can I file for full custody of my son while he is in there? I have always needed his help and was wondering if there was a way to get it.
JudyKayTee
Jul 4, 2010, 05:32 AM
In order to get the visitation he wants he will have to file IN COURT for it. At this point I would do nothing - he has no wages with which to pay support and you have full custodial custody because he is in jail. When he gets out then he could file for visitation and you would counter that he's a danger to a child who doesn't know him.
Fr_Chuck
Jul 4, 2010, 08:39 AM
Much will depend on where you are at. In some states, merely not visiting and not paying child support will not take away any of the fathers rights.
Next "full" custody does not mean father can not get visits when he gets out of jail. Normally the court will not force you to take a child to a prison to visit, but the father can file for visits in court.
Child support is based off earnings, so he may file to have current support modified now that he is in prison, ( and in some cases when he gets out, file to have past support modified)
A few states ( Georgia is one of them where I am at) long term prison time is a reason to ask for fathers rights to be taken away, but 2 years is normally not considered long term