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Possibly. It doesn't help her case at all to have a DUI. It doesn't hurt to take her to court over this. Also, you should mention that being away from the kids for 6 months has hurt their relationship. The kids shouldn't be confused with on-again/off-again relationships where sometimes the mom is there for them and sometimes she is in jail.

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2006-04-19 20:29:44
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Q: Can a father who has joint physical custody of his sons be granted full custody if the mother is convicted and serves jail time for a DUI?
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After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?

Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.


Can father get sole custody of an eighteen year old when mother has sole legal and physical custody?

The 18 year old is considered an adult. Nobody can have physical or legal custody of her.


Can a father without a home or a job be granted joint custody?

It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.


How do you get custody back from the father after he got temperary custody?

You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.


Who has custody when both of the parents names are on the birth certificate?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

Related questions

Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?

Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.


Can a mother get full custody if the father is a convicted felon?

I believe that the Mother should always have full Custody.. After the father is a convicted felon


What are the chances of mother losing custody to father if she has possession convictions theft convictions and DUI of substance convictions?

The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.


If the father is granted physical custody can the mother get custody back?

If the decision was recently made, the mother can file an appeal. Otherwise, the mother will have to prove there has been a significant/material change in circumstances - to the judge.


Can a mother with joint custody give child to somebody else other than father?

No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.


After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?

Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.


What rights to custody of your children does the step father have in the event you were to die?

If the child has been residing with the step-father for x amount of time he may be able to get physical custody of the child unless the biological father wants to take the physical custody than he can get visitation.


If a father won physical custody of two girls and mother is appealing saying that she has cleaned up her act what are fathers chances of maintaining physical custody at appeal?

If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.


Can a child at age 15 move in with her fathers if the father is proved unfit?

He will not be granted legal custody.


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Minnesota?

An unmarried mother has custody of her child until the father has established his paternity in court and requested joint custody.


Can father get sole custody of an eighteen year old when mother has sole legal and physical custody?

The 18 year old is considered an adult. Nobody can have physical or legal custody of her.


Can a grandparent retain physical custody of a child if the mother is not around and the father wants custody?

Yes. Depends on the circumstances.

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