What happens if the primary custodial parent is incarcerated? 4 Answers as of August 27, 2012

I reside in Georgia and I have joint custody of my twelve-year daughter. Her dad has primary custody. He is now incarcerated for four felony charges. My twelve-year old is at her grandparent’s house right now. Her other two sisters have filed a petition to cease visitation from the father and it was granted. Can I go get her and then go to court to modify custody?

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Dorothy Spinelli, PC | Dorothy Spinelli
You need to file for modification, ask for it to be heard on an emergent basis.
Answer Applies to: Georgia
Replied: 8/22/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes I think you would know if the Grandparents were granted custody and as the biological parent you have custody rights.
Answer Applies to: Georgia
Replied: 8/22/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
You need to file a petition for change of custody, and have the dad served with process in prison.
Answer Applies to: Georgia
Replied: 8/22/2012
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