Not custody rights but you can have a chance to visitation. Speak to your lawyer.
AnswerNo. Only a court can grant custody rights or guardianship rights. The inmate cannot assign his parental rights to his own mother.
No, the fathers rights comes first as a custodial parent.
A court would never award custody or visitation rights to a convicted child abuser.
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.
file a child in need of care motion.
Think about this: Can the parent bring the child along to the Missouri Prison system to be raised by her? Probably not. Someone else has to have custody of the child while the mother is incarcerated. Probably, being incarcerated does NOT mean that the mother loses all parental rights. That's another matter, and usually takes some time to arrange.
You REALLY need to contact your state's Dept of Children and Family Services (or equivelant) for specific information. BUT - as a general statement, once he is released he will not necessarily lose his visitation rights. However, he will obviously not be able to assist with child support while he is incarcerated.
How does he have any visitation rights with a custody and child support order?
Unless both parents are convicted felons, probably not.
When married you have equal rights to the child.
No, the child goes into the care of custodial parents relatives. A motion for emergency change of custody is required. see my profile.
You don't say which of the parents that are incarcerated but their rights to the child comes first. If the father is not in the birth certificate and he has not established paternity to the court so he can petition for visitation or custody and also pay child support, there is nothing that legally says he is the father. Then the maternal grandmother would have a better chance. If the father is not in the birth certificate but he has established paternity to the court so he can petition for visitation or custody and also pay child support, the chance should be equal.