How can I get custody of my child if her mother is in jail on drug charges? 50 Answers as of June 28, 2013

Can I get custody of my child since her mother is in jail on drug charges?

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Blough Law Office | Janis L. Blough
It would be best to retain an experienced attorney and file a child custody action, if you are the legal father. Otherwise you will have to file a paternity action to establish your legal paternity. In either case the court will order custody, support and parenting time in the judgment. You will want to ask for supervised parenting time for the mother if she has drug or alcohol problems. Good luck!
Answer Applies to: Michigan
Replied: 9/9/2012
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
You need to file an {emergency} motion for custody with the Family Court.
Answer Applies to: Rhode Island
Replied: 8/9/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
Yes, you need file an action for change of custody, if there is custody order in effect.
Answer Applies to: Michigan
Replied: 8/9/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
Yes if you follow all of the correct procedures and convince he court that it is in the child's best interests to live with you.
Answer Applies to: Washington
Replied: 8/8/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
I would file a complaint for custody and a motion for temporary custody with the Family Court as soon as possible. The Family Court has a self-help service you can use.
Answer Applies to: Nevada
Replied: 8/8/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    File a Paternity case under the Uniform Parentage Act, and file a Request for Order (formerly called an Order to Show Cause) seeking temporary child custody orders pending trial. Serving the mother in jail is necessary. Process service will not be an easy task, but can be accomplished. You would best retain an experienced Family Law Attorney to advise and represent you.
    Answer Applies to: California
    Replied: 8/8/2012
    Law Office of Melvin Franke | Melvin Franke
    You should file for custody.
    Answer Applies to: Missouri
    Replied: 8/7/2012
    Sedin Begakis & Bish | Mindy Bish
    It depends. The Court will look at your relationship with the child. If mom is in jail there may be a dependency court proceeding that will determine where and with whom this child should live. If there is a dependency proceeding then the Family Law Judge will not issue any rulings until that case has concluded. If there is no dependency proceeding then filing an OSC is the recommended action.
    Answer Applies to: California
    Replied: 8/7/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    To get custody of your child, bring the birth certificate to your Family Court and ask how to file a Motion for Custody or ask any family law attorney.
    Answer Applies to: Rhode Island
    Replied: 8/7/2012
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    You should hire a competent family law lawyer, and file a petition for custody of the child.
    Answer Applies to: Illinois
    Replied: 8/7/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If you are the biological father of the child you should have been contacted when the mother went to jail. Apparently you were not contacted and if you desire custody, you should file an appropriate motion with the Court. Also, where is the child now and under who's authority is the child placed? Contacting that court or child protective service agency may be of benefit to you too.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Victor Varga | Victor Varga
    Absolutely! File an action for custody in the circuit court in the county in which the child resides.
    Answer Applies to: Maryland
    Replied: 8/7/2012
    Dorothy Spinelli, PC | Dorothy Spinelli
    File a complaint for modification of custody based on change of circumstances in court.
    Answer Applies to: Georgia
    Replied: 8/7/2012
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    You may be able to obtain temporary custody. Have you established your paternity through the court? Do you currently have court ordered parenting time? Has the mother given anyone else guardianship? You will need to file for custody in Juvenile Court, serve the mother in jail, and serve anyone she gave guardianship to. If she will be in jail a long time, you should be able to prevail over a guardian. If she won't be in jail long, you may have less of a chance.
    Answer Applies to: Ohio
    Replied: 8/7/2012
    Alvin Lundgren | Alvin Lundgren
    If you are on the birth certificate, just go get the child from whomever has the child. IF DCFS is involved you will need to apply and attend a shelter hearing. As the father, generally, you have equal rights to the child. You may want to apply for sole legal and physical custody to protect the child in the future.
    Answer Applies to: Utah
    Replied: 8/7/2012
    John Russo | John Russo
    Easy just file a motion with the court seeking a change of custody, unless you have issues also.
    Answer Applies to: Rhode Island
    Replied: 8/7/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    You must file for an original order for child custody or, if there is already an order giving her custody, you must file to modify that order in the Superior Court in the county in which you reside.
    Answer Applies to: Arizona
    Replied: 8/7/2012
    Salladay Law Office | Lance Salladay
    I don't know what your situation is- if you have been determined not to be a fit person for custody by some earlier court ruling then it would be an uphill battle; If you are simply divorced or separated and the mother has been awarded primary custody then you need to petition the court to modify the divorce/custody order; if you have never been married, but have had some presence in the childs life as her father, then you need to petition the court for a custody order.
    Answer Applies to: Idaho
    Replied: 8/7/2012
    Law Office of William L Spern | William Spern
    File a petition to change custody and child support in the family court that has jurisdiction over your child.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Steven Alpers | Steven Alpers
    You could file and action for custody and visitation. If cps took your children then you need to go to the dependency court hearing.
    Answer Applies to: California
    Replied: 8/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file a motion for custody. Who is watching the child? If a guardianship has been filed, then you would have to file a petition in that guardianship.
    Answer Applies to: California
    Replied: 8/7/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    My initial answer is a resounding absolutely. Who has the child now and for how long? If you left the child with Grandma for 6-7 months, that looks bad on you, but if it has only been a couple weeks, get a lawyer and get it filed ASAP. Would you pass a drug screen right now? You had better. If you want to walk into a court and accuse the other side of using, you had better be clean, Judges have this tendency to test everyone.
    Answer Applies to: Texas
    Replied: 8/7/2012
    Law Offices of Maryanne Spryszak-Hanna PC | Maryanne Spryszak-Hanna
    Are you the legal father? (Is your name on the birth certificate?) If so, you can petition the court for a change of parenting time. If you are not, you will have to start a paternity action to have yourself declared that father of this child and then request parenting time.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Ezim Law Firm | Dean Esposito
    If the child is in immediate or irreparable harm, file a petition for ex parte custody. If such is not the case, file a petition for custody.
    Answer Applies to: Louisiana
    Replied: 8/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You should be able to do so, especially if you have been active in your child's life.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You need to file an action with the court. You might want to contact DYFS. The court will want an investigation of your home before turning the children over to you, but it is more than likely that you will get custody of the children as the natural parent.
    Answer Applies to: New Jersey
    Replied: 8/7/2012
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    This will most likely require filing a motion for the change in the appropriate court.
    Answer Applies to: Nevada
    Replied: 8/7/2012
    Law Offices of Tobie B. Waxman
    Law Offices of Tobie B. Waxman | Tobie B. Waxman
    Yes. File a "Request for Order" for child custody. Is there a divorce or paternity action pending? If not, you need to file that first or at the same time as your request for order.
    Answer Applies to: California
    Replied: 8/7/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    Need more information to accurately address this situation. If the child does not have a legal father then you can file a dependency petition citing the child is dependent. That petition will be filed in the juvenile court where the child is physically located. That petition must be filed and served on the mother and certainly should be filed while the mother is in jail. If there is a legal father, then you will have to contend with him as well.
    Answer Applies to: Alabama
    Replied: 8/7/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    You inquired whether you can get custody of your child since the mother is incarcerated. The simple answer is yes. I recently handled a case with similar facts. If the parties were never married, a petition for legitimation and change of custody should be filed. Legitimation is required where the father and mother were never married at the time of the child's birth, or thereafter.
    Answer Applies to: Georgia
    Replied: 8/7/2012
    Mike Yeksavich | Mike Yeksavich
    File a motion to modify any existing custody orders and if there is no case on file then file one for custody.
    Answer Applies to: Oklahoma
    Replied: 8/7/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The simple, general answer is that you probably need to begin a legal case to obtain a judicial determination stating what specific parental rights you have. A detailed answer depends in part or whether or not you are now married to the mother or whether you were ever married to the mother. The fact that you are asking the question suggests that you have never been married to the mother or that you are divorced from the mother and the divorce resulted in custody being awarded solely to the mother. The second important missing facts concerning the question of where the child is now, who has actual physical custody, and how long as that been the situation. As a parent you have a constitutional right to be involved in raising your child and you have a priority against everyone other than the mother. Whether that priority will result in you actually obtaining exclusive parental control depends on the facts and circumstances because a court will make the final decision based on the best interests of the child. For a more accurate and realistic appraisal of what you can do and what you can expect, you need to arrange to consult an attorney in person.
    Answer Applies to: Colorado
    Replied: 8/7/2012
    Law Office of Gregory Crain | Gregory Crain
    File for custody on material change in circumstances.
    Answer Applies to: Arkansas
    Replied: 6/28/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Presumably you already have the child with you. You can file a motion for change of custody in Family Court. That is the short answer. There are many questions to be answered before filing though such as is there a custody order currently in place, what is Mom's status regarding the drug charges, are they simple possession or is she dealing, what other charges does she have? These questions need to be answered and addressed in your motion for change of custody. If there is no custody order in place then complaint to establish paternity and then custody is needed.
    Answer Applies to: Nevada
    Replied: 8/7/2012
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    We can petition the court for custody of the child or change of custody if there is already an order as to custody. if you would like to discuss in further detail, contact our office for a consultation, we offer free 30 minute consultations.
    Answer Applies to: Illinois
    Replied: 8/7/2012
    Slotnick & Schwartz
    Slotnick & Schwartz | Leonard T. Schwartz
    Absolutely. You have to file documents with the Court requesting a change in custody. You should definitely consult a lawyer as to the procedure and proof required.
    Answer Applies to: New Jersey
    Replied: 8/7/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    File a petition for parenting time and decision making in the District Court where the child lives. Good luck.
    Answer Applies to: Colorado
    Replied: 8/7/2012
    Bruce Plesser | Bruce Plesser
    You should petition the family court.
    Answer Applies to: Florida
    Replied: 8/7/2012
    Kingloff & Travis | William K Travis
    If you are paying child support then the court will take your position more seriously than if you are not paying child support. If you and the mother are married, sue her for divorce and seek custody. If you and the mother are not married but you have legitimated the child, seek custody in a new case. If you and the mother are not married and you have not legitimated the child, file a legitimation case and seek custody in that case.
    Answer Applies to: Georgia
    Replied: 8/7/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The same way you would if she wasn't in jail.
    Answer Applies to: Washington
    Replied: 8/7/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You do not state whether there is a divorce or paternity case. In either event you may need to file a motion or a petition. Hire an attorney. There may be a way to file an emergency motion and go get the child.
    Answer Applies to: Florida
    Replied: 8/7/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It is likely. As always, it depends upon the facts of your specific case.
    Answer Applies to: California
    Replied: 8/7/2012
    Attorney At Law | Harry D. Roth
    Schedule an emergency hearing, notify the child's mother (yes, the jail will deliver the message) and complete the papers saying what you want and why. If the mother is in jail and you are the father, who has the child and why don't you already have the child.
    Answer Applies to: California
    Replied: 8/7/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You can file a motion at your local county family court and ask for sole legal and physical custody orders. Best to hire a local family law lawyer to help you.
    Answer Applies to: California
    Replied: 8/7/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Through a petition in Family Court.
    Answer Applies to: New York
    Replied: 8/7/2012
    Theodora Fader | Theodora Fader
    If there is a custody order in place already, you would need to file a motion to modify the current order. If neither you nor mom ever filed a case, you would need to file a divorce, paternity, or custody case, depending on your particular situation.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    Yes, if the mother is in jail, a court can transfer custody to you.
    Answer Applies to: Utah
    Replied: 8/7/2012
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