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Possibly. It doesn't help her case at all to have a DUI. It doesn't hurt to take her to court over this. Also, you should mention that being away from the kids for 6 months has hurt their relationship. The kids shouldn't be confused with on-again/off-again relationships where sometimes the mom is there for them and sometimes she is in jail.

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โˆ™ 2006-04-19 20:29:44
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Q: Can a father who has joint physical custody of his sons be granted full custody if the mother is convicted and serves jail time for a DUI?
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Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?

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.


Can a mother get full custody if the father is a convicted felon?

I believe that the Mother should always have full Custody.. After the father is a convicted felon


What are the chances of mother losing custody to father if she has possession convictions theft convictions and DUI of substance convictions?

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.


If the father is granted physical custody can the mother get custody back?

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.


Can a mother with joint custody give child to somebody else other than father?

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.


After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?

Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.


What rights to custody of your children does the step father have in the event you were to die?

If the child has been residing with the step-father for x amount of time he may be able to get physical custody of the child unless the biological father wants to take the physical custody than he can get visitation.


If a father won physical custody of two girls and mother is appealing saying that she has cleaned up her act what are fathers chances of maintaining physical custody at appeal?

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.


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Minnesota?

An unmarried mother has custody of her child until the father has established his paternity in court and requested joint custody.


Can father get sole custody of an eighteen year old when mother has sole legal and physical custody?

The 18 year old is considered an adult. Nobody can have physical or legal custody of her.


Can a child at age 15 move in with her fathers if the father is proved unfit?

He will not be granted legal custody.


Custody used in a sentence?

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. "


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Oklahoma?

In Alabama, the mother would have custody of the child until the father proved that he was in fact the child's father. This would be done by petitioning the court for a paternity test.


Does the girlfriend of father affect custody?

Not unless she lives with him and is a convicted pedophile or something. Each of the parents will probably have a new spouse one day and then none will have custody? Life moves on and that will not affect custody.


Can a grandparent retain physical custody of a child if the mother is not around and the father wants custody?

Yes. Depends on the circumstances.


Can a Father get joint legal and physical custody of a newborn in GA?

Yes, but there are steps you must take to get to that point. First, you will need to file a petition to legitimate child and modification of child custody (unless you are legally married to the mother). Normally, in most Georgia cases, you will automatically be granted joint legal custody, but not necessarily joint physical. Determination of physical custody will depend on MANY different factors. You may have to prove the mother unfit... more than that, you will have to show that the 'change in custody' will be in the best interest of the minor child... not the parties.


Should a father ask for child support first?

The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?

Does anyone know? we asssume this in happening in the U.S..


How do you get custody back from the father after he got temperary custody?

You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.


Can a father without a home or a job be granted joint custody?

It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.


Does unwed mother have sole custody of her child in Texas?

Yes. The boilogical father has not rights unless granted by the courts.


Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?

If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.


If the mother who has legal custody of her son cannot be contacted can the father who has physiclal custody emancipate him and send him to live with his girlfriend's family?

Emancipation must be granted through a court


Can a mom go to court to give custody to the father?

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.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.