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Old 05-15-2008, 11:04 PM
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Originally Posted by JimbosSis View Post
I have a question about a father's rights. My brother received a letter from his so-called wife that she was filing for divorce. He's in a Florida prison, but their home is in Alabama (that's where they got married). They have been married for 10 years and have 2 children. He adores his children and is so upset and worried what may happen to his rights. She doesn't care anything about him and will do whatever she can to make this as miserable as possible. She's bi-polar and unmedicated. She is very evil and quite proud of it. My parents take the children to see him every weekend. What are the procedures for divorcing someone in prison? Does he lose his rights since he is incarcerated? He will be home in 5 months. He is so worried about custody. Will she automatically get sole custody? If so, will he ever be able to obtain joint custody since he will forever be labeled a felon? Any help is appreciated.

I think she will be grated sole custody since he is in prison he could not fulfill obligations of custodial parent. He can file for joint custody once he gets out. Being a felon will be a factor, but there are more important factors such as having a safe home for them, a good job, someone to help with their care while he's at work. In some states, once the kids reach a certain age, they can choose who they want to live with. Sometimes, even though they may be crazy, mothers will do what is best for their kids.
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