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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi Ive got one question. I was thinking of giving my ex boyfrien

Customer Question

Hi I've got one question. I was thinking of giving my ex boyfriend sole custody of our son but recently I found out he might go to prison. If I give him the full custody and will be arrested in October what happens with my son?
Thank you!
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How old is the child and why do you feel it is best for the child to lice with him bearing in mind the risk of a Prison Sentence?
Claire
Customer: replied 4 years ago.
He is 8 months old and his dad is not a threat to anyone. I'm thinking the worst saying that he might get arrested coz he might not but that's why I'm asking you this question to know that in case that happens to him am I risking to lose my son?
Expert:  Clare replied 4 years ago.
Hi
That depends on why you are placing the child in his care?
Claire
Customer: replied 4 years ago.
It doesn't matter I'll ask someone else because you are not helping too much. Just wanted a simple answer. I think my reasons are personal and if u can't give an answer without asking so many questions I understand.
Thank you!
Expert:  Clare replied 4 years ago.
Hi
As a starting point you cannot give him " Full Custody" as you will ALWAYS retain Parental Responsibility for your child (unless the child is later adopted)
You can of course allow your child to live with his father full time and if you do that then what happens if he is arrested depends on what he is arrested for and where you are.
If you are still in the country and in a position where you can have the child in your care then obviously the child can return to you if the father is remanded in custody or if the offence is one that means he is not considered fir to care for the child safely
However if you are not available then the child will have to go into foster care whilst you are traced.
Whether the child is then returned to your care will then depend on why you passed the child to the father's care - hence my question.
Please ask if you need further details
Claire