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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.

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โˆ™ 2009-05-09 08:19:00
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Q: If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
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