The father of my 2 little girls is in jail and has a rap sheet as long as the webster dictionary. I fear when he gets out he will take them from me. There is a child support order, however the Domestic Relations office has put it on hold due to him being incarserated. Can I file for full custody now while he's in jail?:confused: :confused:

No judge in their right mind would give your children to this man.

I am assuming that you live in the United States when you speak of the Domestic Relations office. It is my understanding that the DRO is there to ensure child support orders are followed. If this is true, then the fact that they have temporarily put the order on hold because he is incarcerated has nothing to do with custody. If you can afford one, see a lawyer. Most will give you a free 1/2 hour consult anyway, so if you can't afford one, look for a couple of Family Lawyers in the phone book, do a Google search on them to see if you can find any negative information about them, then call and say, "I am a single mom and my ex is in jail. I would like to know if you will offer a free consultation to discuss my obtaining full custody of my children."

I would meet with two or three lawyers, asking about their thoughts on it, fees, if you might qualify for legal aid, etc. They WILL guide you. If you know for sure that you will qualify for legal aid, go down to your local Legal Aid office and speak to them about what your needs are. Most of them have lawyers who donate some time who should be willing to meet with you for a few minutes to discuss this issue for free, whether you qualify or not.

Good luck!

Hugs, Didi

First please don't use PMs to ask questions.

The father can threaten all he wants, but I agree that its unlikley a judge would allow him even access to the children. And yes please do file for sole custody.

Yes you can and should file for full custody while he is in jail.

Good luck :)