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Does a parent lose custody of child when the parent becomes incarcerated in the state of Missouri?
Wiki User
∙ 16y ago
Think about this: Can the parent bring the child along to the Missouri Prison system to be raised by her? Probably not. Someone else has to have custody of the child while the mother is incarcerated. Probably, being incarcerated does NOT mean that the mother loses all parental rights. That's another matter, and usually takes some time to arrange.
Wiki User
∙ 16y ago
Wiki User
∙ 13y agoIt is possible that if the minimum incarceration sentence is two years or greater, that a case may be brought to family court petitioning that parental rights be terminated on the incarcerated parent. This is not automatic. The state must show that no form of normal relationship can exist between the child and parent.
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If both parents have 5050 custody of children what happens if one parent becomes incarcerated does that parent lose their custody?
That's up to a judge, but why would it matter?
If the custodial parent is convicted of a crime and becomes incarcerated does the noncustodial parent automatically becomes the custodial parent - correct?
No, the child goes into the care of custodial parents relatives. A motion for emergency change of custody is required. see my profile.
Does a stepfather have a legal right to maintain guardianship of a stepchild if the biological parent with custody is incarcerated and the biological father wants the child back?
The stepfather would have standing to intervene into the custody case and attempt to be the primary custodian. Ultimately, the court will look at what is in the best interest of the child.
If One parent has full custody but child wants to live with noncustodial parent?
They recently changed the laws of custody, No one parent has full custody UNLESS they see the other parent as unstable and unfit. If the parent you want to live with has been deemed unfit as a parent then it will have to be taken to court or you can contact certain child organizations to give you more details about how to leave your current home and return to the home of an "unfit parent" However if one parent obtained full custody of the child and the other parent was not deemed unfit as a parent, you may still live with them because of the recent change in custody laws, stating no one parent can have full or primary custody. (in other words, if your mom has full custody and your dad has none ((Also assuming the father hasn't been charged with being a drug addict, alcoholic, or financially unstable etc.)) you may live with the father)
If you have joint custody can your teenager live with either parent?
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?
By applying to a court.
If both parents have 5050 custody of children what happens if one parent becomes incarcerated does that parent lose their custody?
That's up to a judge, but why would it matter?
If the custodial parent is convicted of a crime and becomes incarcerated does the noncustodial parent automatically becomes the custodial parent - correct?
No, the child goes into the care of custodial parents relatives. A motion for emergency change of custody is required. see my profile.
How can you get custody from an incarcerated custodial parent in TN?
file a child in need of care motion.
If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?
Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.
How do you get child support from a inmate in Missouri?
File for support as if the parent were not incarcerated. If the parent owns property such as a bank account or real estate it can be levied or have a lien placed against it. The child support amount granted will accrue while the parent is in custody and he or she will be held responsible for payment of arrearages when released.
Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?
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.
Can a custodial parent sign over temporary custody if the non custodial parent is in prison?
No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.
Can a custody order of an 11 year old child be mandated for the grandparent without parents permission if the only parent is incarcerated?
yes
Does the state of new york give financial support to a custodial parent if their spouse becomes incarcerated?
Welfare
Can incarcerated mom give temporary guardianship to a family member if she has joint custody of child?
No, the fathers rights comes first as a custodial parent.
If one parent was in prison for almost a decade do they still have any custody rights?
Yes. For more info. see GRANTING CUSTODY Did the parent keep in contact with the children? Here's the incarcerated prisoners manual http://www.prisonerswithchildren.org/pubs/ipm/toc.htm
