If a custodial is sentenced to jail what is the proper procedure the non custodial parent should take to obtain the children? What is the rights of the non-custodial parent who has visitation? Should non-custodial parent just go get children? The custodial parent is remarried, the spouse is not in the custody order.
1 Answer from Attorneys
the procedure is to file for a change of custody in the court where the custody was last determined. If the other parent is incarcerated it gets a bit more complicated, in that a guardian ad litem must be appointed for the incarcerated parent.