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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have joint custody of my son whos 4 and his mother has went

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I have joint custody of my son whos 4 and his mother has went to jail for a month or so am I capable of keeping my son with me when shes out since he doesnt want to go back? Im more stable with a place to live and able to provide schooling and a family environment. She on the other hand has no means of transportation, income, and as I stated shes in trouble with the law. Sorry for so much he just rather be with me than her and I would like to know my options for custody. Thank you
Thank you for your question. Please permit me to assist you with your concerns.

That is a very good question. Was anyone else listed as a temporary guardian for the child while the mother is in jail? Or are you the only one who currently has custody of the child who is physically able to care for the child (as the mother is unable to fulfill her obligations). Please advise, as your answer will really affect my response to you. Thank you!
Customer: replied 3 years ago.

There is no other listed as a temporary guardian , just myself

Tim,

Thank you for your follow-up. That is very positive news for you. If you are the only one currently with custodial rights, then those rights are superior to all others. You have no legal duty to return the child to the mother's family since that family has no custodial rights and you can keep the child with you until the mother returns from jail. There is no legal obligation to return a child to someone who has no custodial rights over that child.

Good luck!

Customer: replied 3 years ago.

Thankyou for answering and replying back so swiftly but I was wondering more as to when she IS out of jail will I legally have to return him to her at her household or am I capable of keeping him with myself since he does not want to go with her. If im not legally able to keep him once shes out would I be able to do so if I file for a custody change while she is still incarcerated or still would he have to go back to her untill the custody hearing has been seen?

Tim,

Thank you for your follow-up. Once she is back from jail, the same schedule as before comes into play. Unless you get a court order that permits you to hold the child, or you file for emergency sole custody, the child goes back to her once she is out of jail--you would have to return the child to her, and you would not be able to keep him with you. A 4 year old cannot make decisions for himself, and withholding him could be considered parental alienation. But you absolutely can file for custody while she is in jail.

Good luck.

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