What happens to a child if the custodial parents go to jail?

Anonymous Mar 25, 2009 Child Custody 2 views 1 answers

My sister in law and her boyfriend got arrested for breaking into cars. At the time she was arrested she had no priors and was five months pregnant so she got probation and community service. Her boyfriend is in jail for some unknown amount of time. My question is: if she violates her probabtion or they do when he gets out, what happens to the baby? How will it be decided who will be able to take care of him?

Attorney Answer

1

Annette L GoudyFamily Law AttorneySanta Ana, CA

Annette L GoudyFamily Law AttorneySanta Ana, CA · Jun 15, 2026

It's likely that, should she be picked up, jailed and not released, the child could go to the county agency for protection. If a family member is willing to step in, then the family member will have to talk to the agency about taking temporary custody while mom is in jail.

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