Joint Custody & Incarceration

by Dinali from Boynton Beach, Florida, Palm Beach County

Joint Custody & Incarceration: If a person with joint custody of a minor child becomes incarcerated, can a power of attorney be given to some one in the family to represent him on any decision making & visitation rights for the minor child?

Answer to Florida Child Custody Question

Dear Dinali,

Good question, but I don't think so.

It seems to me that once a parent becomes incarcerated; he/she has given up decision making powers and visitation rights for the time being.

Family courts perceive crimes as voluntary acts.

So, that parent has voluntarily put himself in jail.

As a practical matter, I don't know how someone in jail or prison expects to reasonably make decisions regarding his/her children.

If the parent was incarcerated just before a court hearing, my suggestion is that a request for a continuance be filed, providing the parent has a reasonable expectation of release.

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