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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.

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Q: Who gets custody of a child born in prison in AZ mother is in prison father is not they are married.?
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Why does Max go live with Grim and Gram?

his mother had died and his father is in prison


If you have sole legal and physical custody with the father allowed two day unsupervised visits can you move out of state and how will this affect visiting?

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.


Is there any possibility of you getting primary custody of your ex-husband's nephew if you've both had legal custody of the child since he was 2 days old and the nephew's mother is in prison?

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


Can an unmarried father with a prison record gain custody of children?

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.


What if the father goes to prison does your child support stops?

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.

Related questions

Can a mother gain full custody of a child whose father in in prison?

yes


When would one parent get sole custody of children?

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.


In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?

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.


Your 15 year old daughters father has sole custody of her at this time he is in prison what are your rights as her mother?

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.


Is it legal for the mother to lie about the father's whereabouts in custody cases in order to obtain full custody?

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


Can a father win custody if the mother did time in 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.


What if the mother have custody of your small child and you dont can she take him to another state with out your permisson cause you are in jail and wasnt told?

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.


If you are married and have children and you have been the person at the house with them and you divorce can he take the children from you?

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.


Can a 18 year old get custody of a new born sibling if mother is in prison during and after baby is born?

Yes.


How do you get legal full custody of your children while their father is in prison they are living with me not but I want something in writing before their father is released?

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.


Can your sons aunt keep them from their dad if mother gave temp custody to aunt while in prison?

i dont think so


Can court force mother to take toddler to see father in prison?

absolutley not .