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yes you can get assistance if your sons father is incarcerated. i did my daughter will be 4 soon and her dad just got out a year ago and i have received it since she was born. they will try to make someone pay it back eventually usally it is the noncustodial parent that has to pay it back if they dont then they will take there tax checks each year until its paid in ful.

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14y ago
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12y ago

It is unlikely a court would grant custody of a child to an incarcerated parent. The parent would be unable to act on behalf of the child, unable to provide care, medical needs, unable to enroll the child in school and unable to take responsibility for the day to day care and needs of the child. The child would actually require another legal guardian while the parent is in prison.

Also, there must be some other adult who presently has legal custody of the child. The incarcerated father would need to provide evidence to the court that the present guardian is unfit and that he could provide a more suitable living arrangement for the child.

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14y ago

Their rights are not suspended, but the visitation needs to be modified

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Q: Do fathers have legal rights to their children while incarcerated?
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