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Can a child's father get custody of child when he gets out of prision?
Wiki User
∙ 11y ago
It's not impossible. In doing so, he would need to file a petition for custody and go to a hearing. The nature of the father's crime would be considered, whether conditions of parole or probation would present a hardship in caring for the child, the living environment the father would provide compared to the child's current living environment, etc.
Ultimately, the judge will rule in favor of the best interests of the child when determining custody. If the father can prevent a compelling case why it would be better for him to have custody rather than allowing the present custody order to prevail, he may be awarded custody.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoThat depends on your state of residence and the circumstances surrounding the incarceration. State laws vary as can periods of incarceration. In my state of residence, a temporary order of custody may be awarded to the non-incarcerated parent with the right for modification when/if the other parent gets out of jail. Some jurisdictions may postpone final judgement until an incarcerated parent is released from jail as long as the period of confinement doesn't exceed a specified length of time.
You should consult with an attorney with a specialization in family law in your area for an answer specific to your circumstances.
Wiki User
∙ 11y agoYes, the imprisoned parent will be given the opportunity to testify and/or contest any ruling but the decision can be made without his or her physical presence at the hearing.
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If you were never married to your child's father and you have sole legal and physical custody who gets custody if you die?
The childs' father, married or not. Your relationship to the father is irrelevent. The father is the first on a long list of family members. Create a living will if that is not acceptable.
Can you file for a paternity test if the father wants to be involved in the childs life if it turns out to be that the child is his. But the mother says she does not want the father around?
After the baby is born the father can go to court and request a paternity test. If the test confirms the father's paternity he can request custody and a visitation order and the court will establish a child support order. The mother cannot refuse to obey the court orders that establish the father's rights. If she does, she could eventually lose custody.
Do a father still have to pay child support if he marries the childs mother?
No
Father wants custody of child and the mother is sick?
Father must petition for custody and court will weigh what situation is best for the child
How often is the father awarded custody of the child over the mother?
How often is the father awarded custody of the child over the mother in North Carolina?
What is the time frame for child abandonment so father can gain full custody?
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.
If no father is listed who has legal custody of the child?
The mother. If she dies, her parents get custody.
Can divorced father with primary custody let child live with his 28 year old son and wife or does the child have to stay with mother if not with father?
That depends on the custody order, but she can file for a change of custody.
Can a father keep his child out of state the child resides in?
sounds like kdnap to me. does the father have custody?
How do you file for social security for a decease child father?
if father dead, you need custody of child
Can a step father maintain custody of a child if the biological father emerges after two years?
only if mum has custody
When will court give custody to the father?
When, in the opinion of the court, granting the father custody would be in the best interests of the child.
