Can my wife give custody of our 11-year-old daughter to her mother without my consent? 14 Answers as of May 28, 2013

My wife was recently incarcerated. Though we are still legally married we have been living apart for 5 years. We have 1 child that I care for every weekend.

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Victor Varga | Victor Varga
No.
Answer Applies to: Maryland
Replied: 5/28/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
File and serve your ex parte motion to have the child placed in your custodial care.
Answer Applies to: California
Replied: 12/20/2012
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
No, she cannot do anything to limit your priority rights as a parent unless there is a court order allowing her to do so. If there is a court order establishing custody and you have no authority you need to back to court and get the current order modified. If there is no current court order you need to begin a court case to clarify your legal rights if your mother-in-law will not voluntarily relinquish the child to you.
Answer Applies to: Colorado
Replied: 12/19/2012
John Russo | John Russo
No.
Answer Applies to: Rhode Island
Replied: 5/28/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No, your wife can't give custody of your daughter to her mother. Parents have priority of custody. Get your daughter, with the assistance of the police if necessary. If you were divorced from your wife and she had custody of your daughter per the Judgment (or an Order after Hearing), file an RFO seeking an award of sole custody of your daughter. You would best retain an experienced Family Law Attorney to advise and represent you.
Answer Applies to: California
Replied: 12/19/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Yes, but you could file for custody.
    Answer Applies to: Alabama
    Replied: 12/19/2012
    Mary W Craig P.C. | Mary W Craig
    She can ask her mother to care for your daughter in her stead. However, since you are a parent and you care for her every weekend, you also have the right to ask to care for your daughter full-time. You do not say whether there is an order in place setting custody or visitation. If not, and your arrangement on custody and visitation has been strictly by agreement, then you have just as much right as your wife to have full custody of your daughter. Be prepared for a fight, however, with your mother-in-law. And ask yourself honestly whether your daughter coming to live with you full time right now is in her best interest. What you should be wanting is what's best for your daughter, not necessarily what you want.
    Answer Applies to: Alabama
    Replied: 12/19/2012
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    You need to file a modification suit. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 12/19/2012
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