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How would a stepmother get custody of husbands child if he was incarcerated but has joint custody of him?
Sleepyswife
She would have to petition the court to be appointed the temporary guardian. If the biological mother has joint custody or is available to take the children the custody will automatically go to her unless she has already been deemed unfit or consents to the guardianship.
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∙ 12y ago
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Can a stepmother parent a child in her husbands absensce?
It depends. Is the stepmother still married to the custodial father and if so does the custodial father have any joint or sole custody? It would have to be decided upon in court. If the stepmother is not with the father anymore and the child wants to live with the stepmother you could try to file for legal guardianship but the parents would need to agree or be proven unfit.
Does an incarcerated convicted felon have any child custody rights in Ga?
Not custody rights but you can have a chance to visitation. Speak to your lawyer.
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
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.
How can you get custody from an incarcerated custodial parent in TN?
file a child in need of care motion.
Will your child support payments made by ex husbands disability income stop if incarcerated?
Depends on your crime, but yes.
If bio-father passes away does stepmother have rights if the child has been living with them for years?
In many states, she only has firm custody if she has already adopted the child.
Can a custody order of an 11 year old child be mandated for the grandparent without parents permission if the only parent is incarcerated?
yes
If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
Can incarcerated mom give temporary guardianship to a family member if she has joint custody of child?
No, the fathers rights comes first as a custodial parent.
Can a stepmother take a child out of school for a week and take them 3 states away without the consent of the noncustodial parent that has joint legal custody?
No. If the biological parents have joint legal custody, the step mother has no legal authority over the child whatsoever.
Can the unwed incarcerated father assign his custody rights to his child to his mother?
AnswerNo. Only a court can grant custody rights or guardianship rights. The inmate cannot assign his parental rights to his own mother.
Can you get child support if the father is incarcerated?
Can you get child support inArkansasif their father is incarcerated
