Maybe, see links below.
If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.
The father would be the favored person to get legal custody if the mother had custody and died unless he was found to be unfit to have custody.
the father gets the custody of the child if the mother dies
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.
In most circumstances the mother gets primary custody.
If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.
No, although most courts favor custody to the mother.
No. Some fathers have 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.
Even though the mother is underage she still has custody of her child as long as she does not do something to get custody taken away from her
You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
Normally child custody sides with the Mother not the Father.
If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.
In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.
How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer
Generally, custody orders end at age eighteen and the child can choose where she wants to live.
i have a son in my custody what is the law in the phillipines about child custody if a child abandoned by his father
If unmarried she automatically has custody from birth.
The mother. If she dies, her parents get custody.
Guardianship, not custody
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.