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Does a stepfather have a legal right to maintain guardianship of a stepchild if the biological parent with custody is incarcerated and the biological father wants the child back?
The stepfather would have standing to intervene into the custody case and attempt to be the primary custodian. Ultimately, the court will look at what is in the best interest of the child.
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
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.
Can you get child support if the father is incarcerated?
Can you get child support inArkansasif their father is incarcerated
Can the unwed incarcerated father assign his custody rights to his child to his mother?
AnswerNo. Only a court can grant custody rights or guardianship rights. The inmate cannot assign his parental rights to his own mother.
Can a father that is in prison take away your son?
No. Of course not. There's no way he can take your son away. Only a court can do that and a court is not likely to grant custody to an incarcerated father. Ignore him and find your backbone.
Where is Father?
incarcerated
Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?
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.
What chance do you have at getting sole custody of your son if his very violent father is incarcerated?
Sounds like the odds are pretty good at gaining sole custody. However that does not mean that you will be able to keep the child away from his father forever, or mean that the father will never get a chance to see or interact with his child. The court will probably allow the father "visitation" rights.
Can a father win custody if the mother did time in prison?
It depends on the state the father lives in, the custody laws of that state would determine if he had a real, legal reason for taking the children for her. Another condition would be WHY she was incarcerated. He would need to see a family lawyer who practices family law in his state.
How to use the word incarcerated in a sentence?
My father was incarcerated for 2 years for violating his probation.
When a child is incarcerated does the maternal grandmother have more rights to the children than the paternal grandfather if the father is not on the birth certificate?
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.
Can you choose at 13 to move back with your mom?
No. If your father has custody you cannot make that decision until you reach eighteen unless your father consents to a change in the custody order.No. If your father has custody you cannot make that decision until you reach eighteen unless your father consents to a change in the custody order.No. If your father has custody you cannot make that decision until you reach eighteen unless your father consents to a change in the custody order.No. If your father has custody you cannot make that decision until you reach eighteen unless your father consents to a change in the custody order.
