Can I get custody of a minor child when the mother goes to jail? 4 Answers as of July 10, 2013

The mother went to jail, she gave DPOA to the father of her other two children (not married) and her sister. No one notified the father who lives out of state. Can the father go get the child and bring him back to kansas with him.

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Pontrello Law
Pontrello Law | William Pontrello
Blood is thicker the biofather has greater rights than others.
Answer Applies to: Florida
Replied: 7/10/2013
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
THe father may be able to do that, but it would be advisable to talk with a child custody lawyer in the state where the child is located.
Answer Applies to: Florida
Replied: 7/13/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
Has the father established legal paternity of the child. If not, that would be the first step. Any way you look at this, simply taking the child is not the best course of action. The father needs to go through the court system. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Replied: 7/13/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If the father's paternity has been established, then he MIGHT be able to just go get the child. However, there are multiple considerations that would need to be discussed and determined in order to make that determination. If his paternity has never been established, then he would need to file a paternity action. I strongly suggest speaking with an experienced family law attorney as soon as possible.
Answer Applies to: Florida
Replied: 7/12/2011
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