As this involves a non-contested transfer of custody, this can be done through the use of a certified mediator, that can generate the necessary documents for filing Pro Se with the courts. see related link
It is not easy to take a child away from their parent and it shouldn't be. The grandparent would need an extremely compelling case against the parent retaining custody of the child. They would need to hire an attorney to represent them in the court system where the parent and child reside. They would be petitioning to be appointed the child legal guardians.
The custodial parent is the parent with custody/guardianship of the child.
yes
Well.... The person who has legal guardianship is the person who has LEGAL guardianship. If the mother has custody, no matter where that child moves (untill their 17th or 18th birthdate dependant on the state), the mother will always have custody. The only way to change it is through the courts. * If a custodial order has not been issued by the court that stipulates otherwise, both biological parents have equal custodial rights.
No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.
Yes unless they are found to be unfit.
Whoever gains guardianship.
Yes, if the father is the custodial parent. It works just the same as when the mother is the custodial parent. The non-custodial pay child support based on their income and other factors.
Only the courts can award guardianship.
A parent must obey the child support order. A custodial parent may be serving in the military with the child under temporary guardianship. That is no reason to stop paying child support. If the child isn't living with the custodial parent who is receiving child support the matter must be brought before the court.
A custodial parent may have to pay child support if his income is significantly higher than that of the non-custodial parent based on the non-custodial parent's "parenting time" percentage.
No, the fathers rights comes first as a custodial parent.
The most likely scenario is that the children will live with the other parent as long as that parent was not deemed unfit while the custodial parent was alive. If that parent was denied custody for cause the courts may consider another gaurdian should the non custodial parent still be considered unsuitable.