I'm assuming you mean the other parent is in jail? You also do not say if this is simply an arrest pending charges, or a post conviction?
You file an Emergency Child in Need of Care Motion requesting temporary custody pending a full hearing on the matter.
see link
You need to have the court papers served to him while he is in jail. He probably won't get custody while he is in jail.
File an order to show cause for full custody. At the same time, prepare pleadings to request the absent parent's (incarcerated for murder) parental rights be terminated. I've seen it happen, I've prepared the documents, so you CAN get his rights terminated. Generally, it is those types of parents whose rights are, and should be terminated. Have a paralegal, or Legal Document Assistant do the work for you if cost is an issue. They are not difficult to do. Best wishes! PF
Not without permission of the court if the other parent's rights weren't terminated.
Yes unless they are found to be unfit.
When a parent with custody goes to jail, child custody arrangements can vary depending on the situation. The child may go to live with the other parent, a relative, a foster family, or be placed in the care of child protective services. The court will typically make a decision based on the best interests of the child.
He didn't loose them. He had full custody when Kim was on the run and in jail and other then that they have shared custody.
No, and you would be breaking a ton of laws as you have to get custody rights first, and have the other parent either stripped of their rights or they have denounced their rights. Otherwise, a judge is definitely going to send you to jail for kidnapping and will just as likely deny any appeal for 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 the other parent is unfit, other relatives have equal chance in court to get custody of the child. Being a god parent does not give you a bigger chance since godparent is not a legal term. It's a religious one.
Depends on how long and why they went to jail... You can go to family court and say that he/she is unfit... They can get TEMPORARY full custody , pending a hearing in Family Court.
It means to order someone returned to full custody (usually associated with ordering someone back to jail).
The baby's grandparents could get custody.