What needs to be done for father to obtain custody of daughter while mother is in jail? 11 Answers as of April 09, 2013

Mother has been locked up on multiple counts of methamphetamine manufacturing, distribution, possession, etc. Grandmother now has temporary custody by mother for medical and school purposes but is wanting to relinquish those rights to father (myself) who is on birth certificate and is by all means biological father. Daughter has also stated that she wants to come live with me (father) but I don't know the proper steps that need to be taken to make sure everything is done right legally. Where do I go from here?

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Carey and Leisure | John Smitten
File a petition for sole custody asap.
Answer Applies to: Florida
Replied: 4/9/2013
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
He must file a Motion to change custody if custody has already been determined or, if custody and parenting time has not yet been determined by a court, he must initiate an action for custody . You should retain experienced legal counsel.
Answer Applies to: Minnesota
Replied: 4/9/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
To establish custody, you would need to file a petition to establish decision-making authority and parenting time (ie custody and visitation). If the mother will consent to you having custody, it makes the process much easier but you still have to file the correct paperwork. If mother is actually willing to terminate her parental rights, then you can consider filing a petition to terminate parental rights and obtain her consent.
Answer Applies to: Arizona
Replied: 4/9/2013
John Russo | John Russo
You people live in vacuums, First of all grandmother has nothing, she has no rights to relinquish who told you that, this stuff is scary. Bet everyone knows who is on dancing with the super stars this week or what ever that show is called. Get down to the family court, file an emergency petition for custody, and placement of this child, you really should have a good family court attorney, but I know can't afford it right!!!!! In the petition explain to the court the situation, and then what you are requesting.
Answer Applies to: Rhode Island
Replied: 4/9/2013
You can file a motion in court to get child custody. Or you can have a stipulation and order (agreement) filed with the court, signed by both parents, changing custody over to you. It requires specific language, so you may need help to prepare it. In order to file it with the court, you would have to have a case number - possibly from an earlier divorce or a paternity action.
Answer Applies to: California
Replied: 4/9/2013
    Go pick her up.
    Answer Applies to: Nevada
    Replied: 4/9/2013
    Theodora Fader | Theodora Fader
    If you are in Michigan, you would need to file a custody action in the circuit court. It would be wise for you to at least consult with an attorney regarding the facts and circumstances of your case and preferable for you to hire an attorney to handle the case for you as such matters can be a bit tricky.
    Answer Applies to: Michigan
    Replied: 4/9/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It depends upon what has been done previously. If there is a paternity Judgment and a custody order, they you need to file a modification request. If nothing has ever been filed with the court before, you start by opening a case with the court and then filing a motion for custody and visitation.
    Answer Applies to: California
    Replied: 4/9/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There are a number of questions which have to be answered, most importantly as to whether or not you have been legally adjudicated be the father, or at least appear on the birth certificate. If not, you'll need to bring an action for affiliation at which point you'll be accorded a parent's rights, and responsibilities.
    Answer Applies to: Michigan
    Replied: 4/9/2013
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    If you have not done so already, you likely need to file a Petition with the court and seek a custody order.
    Answer Applies to: California
    Replied: 4/9/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    We will have to file a petition for custody on your behalf, and establish paternity, if it has not yet been established.
    Answer Applies to: Illinois
    Replied: 4/9/2013
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