Family Law Questions? Ask a Family Lawyer Online.
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!
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.