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If you live in the US... Unless Mom's parental rights (different thing than custodial rights) have been terminated or she can be proven unfit, she's first in line for custody, so if she wants custody, she will get it (no matter what Dad wants)

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Q: If a parent gets imprisoned what are the steps to take to allow custody of their children to their family if father has sole custody and doesn't want the mother to have the children?
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Related questions

If parents get imprisoned without arranging custody for their children who gains custody in this case?

It depends on the state, usually the state takes the children into custody, or the closest family relative.


When do mothers lose custody of their children?

when or why? Mothers will lose custody if they are found unfit by a family court


What is a custody lawyer?

A custody lawyer is a lawyer who specializes in handling legal matters related to child custody and visitation rights. They help clients navigate the complex legal system to protect their parental rights and ensure the best interests of the child are considered in custody arrangements.


How likely is it for the father to get custody if the mother was unfaithful and then left the marriage and family?

The father will find it easier to get the custody of the children , as the wife has left both the husband and as well as the children and is least interested in them.


What has the author Gordon B Plumb written?

Gordon B. Plumb has written: 'Humanizing child custody disputes' -- subject(s): Custody of children, Family assessment, Family social work


What has the author Nickie McFadden written?

Nickie McFadden has written: 'Judgments in family court' -- subject(s): Case studies, Custody of children, Foster children, Trials (Custody of children), Foster home care, Legal status, laws


If you marry into a family how does your husband get joint custody?

Your husband cannot get joint custody of your children from a prior marriage. Custody arrangements are made between parents of children. Your present husband can legally adopt your children with their father's consent. He would then have all the legal rights and obligations of a biological father. The children would become his legal heirs-at-law.


Who will be legal guardian of Michael Jackson's children?

That will be decided soon, either by the family or in a court custody case.


How could you get custody of your brothers children?

It depends on your local laws. The first thing you have to do is get the advice of a lawyer. But after that, you'll have to file papers with the courts to have your brother declared as an unfit parent, and then file for custody of the children. There will more than likely be an investigation by children and family services before the children will be removed.


Who inherits the children if husband and wife die without a will in Texas?

Children are not property and as such are not inherited. If there are family members that want custody, they can petition the court. The court will, with the recommendation of the appropriate agencies, grant custody to the appropriate parties, or put them in foster care.


Going to pharmacy school for 2years can the children be moved in joint custody?

The issue of whether the custodial parent can move the children is very tricky. If you are lucky, it was covered in the custody settlement papers. You need to read the agreement to see if it is there. If not, you need to contact your custody lawyer or family court advisor, and see how you can get an amendment to the agreement papers.


What is the process to get custody of children by the grandparents from a druggie mother in Florida?

You need to file a child in need of care motion with family court.