When the mother is jailed does the father then get custody?

Answer 1

That would be the logical action, yes.

Although it is the logical action, that does not necessarily mean the laws of each state are logical. The answer to this question is no, for parents in Florida who are not married.

If you are married, I believe it's different & the marriage makes both parents legal guardians. And so the father would already have custody, therefore no disputes. But I may be wrong on that. I'm not a lawyer, just someone with experience in this area. And it probably gets way more complicated if the child was from a previous marriage.

I'm sure each state has different laws on custody, so it could vary slightly state to state. I know though that if you dont have custody rights to begin with, meaning you did not marry the mother, then you still don't have rights when the mother goes to jail. I know because that happened to me. The mother had to verbally agree in front of two police officers to grant temporary custody to me. In my case, the police decided the mother was too drunk to make her own decisions, so they appealed to the Grandmother of the child on the mother's side since that's where the child stayed with the mother.

-- High School Teacher

Answer 2

Well when my mom went to jail my dad and mom had joint custody but when my mom went away my dad got full because he asked for it but if your dad doesnt say anything then nothing will probably change.. Carolyn

Answer 3

If you and the mother were married and you are absent from the home but never gave up any parental rights, or custodial rights, and have never had them denied, then as her father you probably have the right to take your daughter. However, DON'T just presume to do this without checking. You could technically be kidnapping your child. Check with the child protective agency in your state, and/or with the people who are presently caring for your daughter.

If you have ever been denied custody of your daughter, or if your parental rights have been terminated, or if your daughter is in the custody of foster parents by way of a court action, then you will have some work to do convincing the court that you should have custody, or that your parental rights should be restored. It is possible in some cases for custodial rights to be restored and even for parental rights to be restored. But parental rights especially can be extremely difficult to restore, and it can take years.

If you were never married to the child's mother you need to establish your paternity legally before you can petition for custody. You should visit the family court with jurisdiction over the child and ask to speak with an advocate. If possible, you should consult with an attorney who specializes in custody issues.

Answer 4

The mother has the right to claim the child as the legal guardian of the child.

Answer 5

The state usually looks for a close relative or puts the child in foster care.

Answer 6

not neccessary. if the mom is found to be not responsible enough then the court may give the custody 2 any relative who is well to do and mentally sound and can look after the children.

Answer 7

That's dependent on a court ruling.