Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
No. Its the father's choice if he wants to exercise his visitation or not.
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
If the decision was recently made, the mother can file an appeal. Otherwise, the mother will have to prove there has been a significant/material change in circumstances - to the judge.
If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.
It depends on the laws of the specific jurisdiction. In many cases, if the mother dies, custody would typically go to the father as the surviving parent with joint legal custody. However, the court may still need to officially grant custody to the father. It's essential to consult with a family law attorney to understand the specific laws and requirements in your area.
The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.
The word "custody" is usually used in relation to safekeeping or responsibility over someone. An example of a sentence using the word "custody" is "In a surprising decision, the judge granted custody of the children to their father. "
No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.
If the mother and father are talking to each other it should go this way.... Father goes to court and files a custody petition. Mom does not oppose the petition and custody is granted to the father. Visitation can be undeclared "at times that are mutually agreeable to all parties." Or visitation can be set in a court order.
The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.
it means she has sole custody.
No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.