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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My daughter (33) was arrested and is in jail without bond.

Customer Question

My daughter (33) was arrested and is in jail without bond. She has 2 children (12 yo son and 5 yo daughter) different fathers. She wants both of them to live with us with temporary custody until she is released, which we don't know when that will be. I have my grandson with me (his father is not a part of his life) however the father of my granddaughter will not bring her home. Her father is a "deadbeat" dad that has never paid his "ordered" child support" and has also had 2 different jobs in a month, has been evicted from his current resident (trailer) and is supposedly moving into another trailer soon. He has no support (relatives or friends) that will help him with her and cannot provide the best environment for my granddaughter, which just started kindergarten last week.
What options to I have. What action do I need to take to get custody of my granddaughter while my daughter is incarcerated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

Does the father have any custody rights? That is, does he have court ordered visitation, even if he's not the primary custodian?

Customer: replied 1 year ago.
My daughter has the attached document, however it has not been signed by a judge, so I don't really know the answer to your question. I can tell you that the father (who was never married to my daughter) has NEVER paid any of the "ordered" child support mentioned in the attached document.I had to convert the PDF file to text because it was too big to forwarded to you.
Expert:  Chris T., JD replied 1 year ago.

OK. He's a joint managing conservator. The fact that he hasn't paid child support cannot be a reason to withhold custody. If he's good enough (in the eyes of the court) to be joint managing conservator, it is unlikely that a judge is going to take custody away from him now that the mother is in jail. You would have to challenge his status as joint managing conservator and essentially try to terminate his parental rights, since he's the default custodian of the child when the mother is in jail.

Customer: replied 1 year ago.
He is an ex-con out with 20 years parole, already out 8 years. He can't keep a job, and is a liar and thief. He has family close by that will not associate with him because he steals from them and he also has no friends. He also isolates my granddaughter from everyone, which is very bothersome. So I'll need to hire an attorney to challenge his parental rights?
Expert:  Chris T., JD replied 1 year ago.

Yes. You will have to argue to the court that his parental rights should be terminated. You will need a lawyer to do this since terminating parental rights is very, very difficult.

Expert:  Chris T., JD replied 1 year ago.

Does that answer your question? If not, feel free to ask follow up questions. If so, please remember to "rate" my answer before you go. Good luck.

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