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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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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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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.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


What would be the benefit of a father having sole custody of a child in another state?

Sole custodial rights are only granted to the parent with whom the child will reside.


Who will get full custody of your child you or the father?

Most often the mother gets physical custody but the court can award joint legal custody if the parents get along well and have the best interest of the child as their mutual priority. If the father wants physical custody, generally, he will need to show that the mother is unfit and the child would be better off with him. In that case the court must be provided with evidence of the mother's unfitness and each jurisdiction has its own criteria. See the related question.

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.


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.


Can a parent have custody if they live with a convicted felon and are not married to them?

It depends on the felony conviction. Especially if the felon is child predator.


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.


Does the girlfriend of father affect custody?

Not unless she lives with him and is a convicted pedophile or something. Each of the parents will probably have a new spouse one day and then none will have custody? Life moves on and that will not affect custody.


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 mom go to court to give custody to the father?

If the mother and father are talking to each other it should go this way.... Father goes to court and files a custody petition. Mom does not oppose the petition and custody is granted to the father. Visitation can be undeclared "at times that are mutually agreeable to all parties." Or visitation can be set in a court order.


Can a Father get joint legal and physical custody of a newborn in GA?

Yes, but there are steps you must take to get to that point. First, you will need to file a petition to legitimate child and modification of child custody (unless you are legally married to the mother). Normally, in most Georgia cases, you will automatically be granted joint legal custody, but not necessarily joint physical. Determination of physical custody will depend on MANY different factors. You may have to prove the mother unfit... more than that, you will have to show that the 'change in custody' will be in the best interest of the minor child... not the parties.