If he is is currently in prison, then OBVIOUSLY he does not have custody of her. Notify the court immediately, and file an Emergency Motion For Modification of Child Custody, so that her custody can lawfully changed to you, or another adult of the court's choosing, who CAN assume full-time responsibility for her.
If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.
Yes - but only if the father is the legal guardian of the child (and the mother is not, for whatever reason). He can forfeit his parental rights to the grandparents. However, if the mother is not in prison and is the other legal guardian, she would have to give up custody as well. Good luck to you.
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.
The courts do sometimes award custody to a grandparent. They are guided by the interests of the child. If you are the best available guardian, you should have custody.
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
NO. in court you have to make an oath to be telling the truth and nothing but the truth. to be lying could get you sent to prison
That is dependent on the circumstances.
Yes most definitely, I was granted custody to my grandparents at age four because my dad left before i was born and my mom was a drug addict and couldn't be found.
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.
absolutley not .