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I'm not the children's bio father, so it sounds like it's not an option to become their guardian unless he agreed (which he wouldn't), but I didn't know if their bio father's prison status could rule out his rights. My wife is pondering whether or not his parents will "inherit" his...

My wife's ex is in jail for DUI for the next 6 month, and I'm wondering if the time is right to try to modify custody? He's thousands behind on child support (they were divorced 6 years ago or so), and always claims imaginary medical problems which prohibit him from keeping a steady job...