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Fighting for Child Custody During Incarceration


Child custody is a sensitive issue, and it can be incredibly challenging when one or both parents are incarcerated. In Michigan, the legal system provides guidelines for determining child custody when a parent is in prison. It is essential to understand the laws and procedures involved to ensure the child’s best interests are met.

When a parent is incarcerated in Michigan, they do not automatically lose their parental rights. However, their ability to exercise those rights may be restricted. The court will evaluate the situation and make decisions based on the child’s best interests. The court will consider various factors, such as the child’s relationship with the incarcerated parent, the parent’s criminal history, and the child’s overall well-being.

The first step for a parent in prison seeking custody of their child is to file a motion with the court. The action should include a proposed parenting plan, which outlines the parent’s proposed schedule for visitation, communication, and other aspects of the child’s care. Working with an experienced attorney who understands the intricacies of Michigan’s child custody laws is essential.

The court will evaluate the motion and consider any objections from the other parent or the child’s legal guardian. The court may also appoint a guardian ad litem or lawyer to represent the child’s interests. The guardian ad litem will investigate the case and recommend custody to the court.

In some cases, the court may order a psychological evaluation of the incarcerated parent to assess their mental health and fitness as a parent. The court may also order drug or alcohol testing, especially if substance abuse was a factor in the parent’s incarceration.

If the court grants custody to the incarcerated parent, they must work with the prison’s administration to ensure they can fulfill their parental responsibilities. This may include arranging visitation, communicating with the child, and coordinating with the child’s school and medical providers.

Suppose the court determines that custody by the incarcerated parent is not in the child’s best interests. In that case, it may grant custody to the other parent or a third party, such as a grandparent or relative. In these cases, the court will consider the same factors as in any other custody case, including the child’s relationship with the other parent, living situation, and overall well-being.

In Michigan, as in many states, the court may also order child support payments from the incarcerated parent. Child support is calculated based on the parent’s income and expenses, and failure to pay can result in legal consequences, including additional fines or even extending the parent’s sentence.

In conclusion, child custody cases involving incarcerated parents can be complicated and emotionally charged. Working with an experienced attorney and understanding the legal process and requirements is essential. The court’s primary concern is the child’s best interests, and all decisions will be based on that standard. By following the legal guidelines and working with the court, parents in prison can ensure that their children’s needs are met and that they maintain a strong relationship with their children despite their incarceration.

Haque Legal is Here To Help

We have been around. We have handled hundreds of cases on family law, custody battles, and parenting. We can help you fight for your rights and work your way around getting that parenting time that you deserve. Haque Legal is here, and hiring our law firm is the best kind of experience for you.

Here at Haque Legal, we always have your back. On your first free consultation, we tell you everything you need to know about your divorce or custody case and its cost and expenses.

The consultation is free for the first time because we understand that you need at least guidance from a reputable law firm and lawyer to assess your case. Suppose you have concerns about your divorce or custody case and need a lawyer to handle it. In that case, you can always contact our law firm, and we can talk about your situation and the best way to take it, especially regarding the expenses.

Let Haque Legal Help You With Your Case

If you require a lawyer who can assist you with ensuring that you protect your rights, it is essential to know that you also have a team that can help you with your specific needs. 

Our law firm is dedicated to ensuring that the law will protect the innocent and that the full extent of justice will be used.


The article you read is based on general applications of the law, and it is not legal advice and should not be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

Let us help you out.

Call us immediately if you need a Southfield family lawyer to help you during your proceedings. If you have any problem with the law or seek justice and truth, our numbers are standing by to take your call.

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