If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.
his mother had died and his father is in prison
I get the feeling either this father is in prison or is not safe to be alone with your child. If you have sole custody of your child then you can move anywhere without the father's permission as long as it's not stated in the custody order that the father has that one hour visitation right twice per month. However, if it's working out where the father and child have a bond, then it's best to see a lawyer and try to work something out.
You will need a good lawyer for this and you will have to prove he's an unfit guardian or father. The courts favor leaving the child with their biological parents(s) if possible. If you're lawyer is good and knows some previous cases he may just have the courts lean in your favor. If your ex is good to his nephew then you don't stand a chance. Marcy
Hell yes! I had a record when I was 18 - I'm now 74 and have been raising children ever since. Having a record doesn't make you unqualified to raise children.
If the father goes to prison his responsibility for child support does not stop. For all practical purposes, he will have no income and will not be able to pay you one cent. Do not expect to get any money out of him while his is in prison.
yes
If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much be unfit such as abuse, drugs and/or prison record for the mother to get full custody. That is pretty much when the only time I have known any parent to get full custody of their children.
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
If he is is currently in prison, then OBVIOUSLY he does not have custody of her. Notify the court immediately, and file an Emergency Motion For Modification of Child Custody, so that her custody can lawfully changed to you, or another adult of the court's choosing, who CAN assume full-time responsibility for her.
NO. in court you have to make an oath to be telling the truth and nothing but the truth. to be lying could get you sent to prison
It depends on the state the father lives in, the custody laws of that state would determine if he had a real, legal reason for taking the children for her. Another condition would be WHY she was incarcerated. He would need to see a family lawyer who practices family law in his state.
If there is a custody order in place, this would depend on state law. If you were not married, and there's no order in place, than you have no rights to the child, whether in prison or not.
No. Both will have custody and the visitations will have to worked out. The only thing that will change this will be if you are not the mother or you have been in prison or in a mental hospital. You need to work with a lawyer.
Yes.
You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.
i dont think so
absolutley not .