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Beaulier Law Office | Maury Beaulier
It is certainly possible to file a Motion to modify custody if the custodial parent is unavailable to provide tat care. Such a situation may form a basis for the court to find endangerment has occurred. Whether you will be awarded custody, however, does require a full review of the facts including your past contact and care for the children.
Answer Applies to: Minnesota
Replied: 9/20/2011
Howard E. Knispel, P.C. | Howard E. Knispel, P.C.
The answer to all custody questions is always "what's in the best interest of the child". Obviously a mother going to jail is not a good custodial environment but all factors have to be considered, including your own environment and what is the best for the child.
Answer Applies to: New York
Replied: 9/19/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
If you are a legal parent to the child, you may file an action requesting change of custody based on the mother's incarceration. If you are not a legal custodian, you may file an action to legitimate your child and request that you be awarded primary physical custody as an outcome of the action. (Your justification would again be the mother's incarceration.)
Answer Applies to: Georgia
Replied: 9/19/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your wife is in jail now, it would be a good idea for you to file appropriate child custody requests in a divorce or paternity case (whichever is appropriate), by way of Order to Show Cause [OSC]. If neither action was previously filed, it will need to be filed before or at the time of filing your OSC. If you are married to the mother and don't want to divorce her, you can file an independent action for exclusive child custody under Family Code Section 3120.
Answer Applies to: California
Replied: 9/19/2011
Diefer Law Group, P.C. | Abel Fernandez
You can file for primary custody. Depending on the nature of her offense, the court would award you primary custody.
Answer Applies to: California
Replied: 9/19/2011
Law Office of Rhonda Ellifritz | Rhonda Ellifritz
You should go in ex parte to obtain immediate custody of her until mom is released. Then the Court will determine what is in the best interests of the child.
Answer Applies to: California
Replied: 9/19/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
If you're trying to get temporary while she's in jail, this may be difficult. Unless she agrees, it will probably take you longer to get a hearing then she will be in jail. If you wish to use her begin in jail to get permanent custody, that, alone, will not be the only determiner. The court will look at all of the factors regarding custody to make the determination.
Answer Applies to: Ohio
Replied: 9/19/2011
Hochman and Peppler, LLC | Thomas R. Peppler
You are the presumptive guardian if you are legally recognized as the biological father and the mother is incarcerated.
Answer Applies to: Florida
Replied: 9/19/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You may file a request for custody if the mother's conviction is relevant to her ability to parent the child. The court will also look at when the mother was in jail. If the conviction was years before she had the child then it may be irrelevant, if it was a recent conviction then the court will find that to be relevant.
Answer Applies to: California
Replied: 9/19/2011
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, not necessarily, particularly, if the offense for which she was jailed does not necessarily specifically relate to or reflect upon her fitness as a parent.
Answer Applies to: Virginia
Replied: 9/19/2011
Goolsby Law Office | Richard Goolsby
We recommend that you seek the help of a family law attorney ASAP concerning your rights and options as to a modification action. Good luck.
Answer Applies to: Georgia
Replied: 9/19/2011
Jones & Williams | Elizabeth Jones
The child should be with father when not with mother. But if you want a legal determination of custody then you need to get that from the court.
Answer Applies to: California
Replied: 9/19/2011
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
If you are unmarried you can for a Petition of Paternity and Custody if the mother is engaging illegal activity that endangers the child's welfare.
Answer Applies to: Arkansas
Replied: 9/19/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
Your question needs far more information to provide an intelligent response. What the mother went to jail for, if she is in jail now, those things and more need clarification to better understand the custody options.
Answer Applies to: California
Replied: 9/19/2011
John E. Kirchner, Attorney at Law | John Kirchner
You aren't really asking a realistic question. Whatever you mean by "custody", you probably need to get a court order to establish your rights because unless you are married to the mother, you have nothing specifically right now until you get a court order. (If you are married, you don't need anything now anyway). So, the reality is that by the time you can get a court to decide how to allocate parental responsibilities between you and the mother and enter an order, she will be out of jail. That means that the mere fact that she WAS, not IS, in jail in the past isn't going to be the only relevant fact for a judge's decision and her having been in jail will not, all by itself, be what influences the judge. A judge will decide how the child's time is divided between two parents after considering everything and make a conclusion as to what is in the child's best interest.
Answer Applies to: Colorado
Replied: 9/19/2011
The Law Office of Erin Farley | Erin Farley
In general, the court prefers frequent and continuing contact with both of the child's parents. This is absent abuse or neglect. Assuming Mom's not in jail for child abuse, then her two month stint will not terminate her parental rights. It may affect custody, depending on the offense and her continuing ability to adequately parent. So long as you (Dad) are an adequate parent, you should have custody of the child while Mom is in jail. If you don't have a custody order, I urge you to consult an attorney and get one filed.
Answer Applies to: California
Replied: 9/19/2011
Law Office of James Lentz | James Lentz
If that is all probably not. But discuss this with a domestic relations attorney who can gather additional facts.
Answer Applies to: Ohio
Replied: 9/19/2011
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
You probably won't get custody of your daughter solely due to the fact that the mother went to jail, but that will certainly be an important factor the court will consider when deciding what the best interests of the child are and how best to serve them.
Answer Applies to: Florida
Replied: 9/16/2011
