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Who can obtain custody of a baby if the mother does not want the responsibility and the father is incarcerated?
Wiki User
∙ 16y ago
First both parents would need to relinquish parental rights or have those rights terminated by the court. Judges prefer to place children in the custody of a qualified family member rather than in foster homes, grandparents, adult siblings, aunts, uncles are taken into consideration first. The state's department of social services does an extensive investigation of such situations and submits their findings and recommendations to the presiding judge of the family court. The judge makes custodial decisions based on what is best for the child and not the wishes of other persons involved.
Wiki User
∙ 16y ago
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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 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.
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.
If a father has full custody and the mother has not seen the kids in over a year and now father is incarcerated does his wife become the legal custodian?
This would be decided in court. Other family members (grandparents, aunt & uncles, etc.) could also petition for custody.
The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?
the father gets the custody of the child if the mother dies
Can a father get custody before the mother?
No, but the father can get the custody if he proves that the mother has bad habits like alcoholic or consume drugs.
Can a father in wi. get temporary full custody if mother is homeless?
Can a father in wi. get temporary full custody if mother is homeless?
Custody used in a sentence?
The word "custody" is usually used in relation to safekeeping or responsibility over someone. An example of a sentence using the word "custody" is "In a surprising decision, the judge granted custody of the children to their father. "
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.
Does that father have to pay child support if he loses joint legal custody?
The fathers financial responsibility to his children does not end because the courts have decided that custody should go exclusively to the mother or others.
How often is the father awarded custody of the child over the mother?
How often is the father awarded custody of the child over the mother in North Carolina?
Does the birth mother have automatic custody if she and father are married?
No, although most courts favor custody to the mother.
