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Under the VAWA, if accused of abuse, or physically defends himself, or the children, from abuse by the mother, he cannot get custody.
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.
If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much be unfit such as abuse, drugs and/or prison record for the mother to get full custody. That is pretty much when the only time I have known any parent to get full custody of their children.
If the abuse is not physical, but mentally abusive; and you feel the children are not safe with him. Then you must simply file for divorce. There will be a custody hearing but if you present your side stating you feel the children are better off with you, chances are you will win. you must prove the children are better off with you and that you can provide for them. most judges feel the children are better of with the mom anyway so you have an advantage there. Chances are the children have either overheard or witnessed the abuse occur. If he really battles you for custody, the children may be consulted by a social worker to assess which parent will be a better fit for the children. As far as leaving him, Consult a friend on what plan of action to take. Theres always family too, you'll need some form of support to really get through this time.
I'm pretty sure that if you abuse a child or commit some kind of crime then you can loose custody of the child/children.
This is usually the mother, unless there is a history of drug or alcohol use, mental instability or child abuse.
J. M. Masson has written: 'Out of hearing' -- subject(s): Legal assistance to children, Child abuse, Child witnesses, Custody of children, Law and legislation, Children, Legal status, laws
Yes, if she has custody and its at her residence,she can say who and when people can visit. If she can produce any evidence of abuse to C.Y.S. you can also be prohibited. If your boyfriend has joint custody and he has the children, I think you can tell her where to put it. This is merely my opinion, barring any legal misdoings on your half.
When a child is taken by the state, the parents have to follow a case plan to ensure safety of the children. Children go into state custody in cases of abuse and neglect.
Craig Parshall has written: 'The rose conspiracy' -- subject(s): Artists, Fiction, Freemasonry, Murder 'Custody of the state' -- subject(s): Child abuse, Custody of children, Fiction, Will Chambers (Fictitious character) 'Trial by ordeal' -- subject(s): Church buildings, Commercial real estate, Fiction, History teachers, Homeless persons, Organized crime 'Custody of the state' -- subject(s): Custody of children, Child abuse, Will Chambers (Fictitious character), Fiction 'The resurrection file' -- subject(s): Clergy, Fiction, Will Chambers (Fictitious character)
Yes. See a lawyer
Yes if there is a law suite