How could one get child custody after being incarcerated? 5 Answers as of August 13, 2015

I am a grandparent and have legal custody of my 5 year old granddaughter. I have had custody for almost 2 years. Dad is in prison for drug trafficking. He will be getting out soon. He served 1 year. What does he have to do to get custody back? He did have custody for about 1 year before he went to jail. Thank you.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
It is based upon what is in your granddaughter's best interests; while it is presumed that it is in a child's best interests to live with a natural parent, if you can prove extraordinary circumstances, you can prevent his petition for custody. Drug trafficking is not exactly a good job for a residential parent. Does he also have a drug problem. After two years, he should be required to show why it should be changed.
Answer Applies to: New York
Replied: 8/13/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You would have to look at the court orders which granted you custody to see if there is any limitation based on the passage of time or the father's release from incarceration. If you feel that his resuming custody would be a serious danger to the child, you can go to court to seek one or another remedy which would protect them from him. Consult a capable family law attorney. They will know the local rules and practices, and how best to assemble and present them to a court. Good Luck to you and your grandchild.
Answer Applies to: Wisconsin
Replied: 8/12/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The more prudent approach would be to consider a time share with father once he is out of prison. An immediate shift over to him for custody might not be in the best interests of the child.
Answer Applies to: California
Replied: 8/12/2015
Law Office of Martin A. Kahan | Martin A. Kahan
He has to file a RFO for modification of the court order. If he was convicted of trafficking and not use, he may be able to regain custody, but he should consult with a family law attorney who can get all of the facts and advise him accordingly.
Answer Applies to: California
Replied: 8/12/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
He would have to petition the court for custody and the court would determine if he would get custody back. Until he is out, with a secure residence and job, it is unlikely that a court would give the child to him; however, if he files a motion you should get an attorney.
Answer Applies to: Wisconsin
Replied: 8/12/2015
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