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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36200
Experience:  Attorney with 16 years experience
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If a mother is in jail on felony charges and the father

Customer Question

If a mother is in jail on felony charges and the father wants to take over full custody as soon as possible hoe would he do so? Plus the grandmother is threatening to file kidnapping charges does she have any legal stand?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the father listed on the birth certificate or did he sign a voluntary acknowledgment of paternity?.

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Is there currently any custody order in place through the court?

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If so, does it name the grandmother as the legal guardian of the children?

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And the children are presently in the father's custody, correct?

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thanks

Barrister

Customer: replied 1 year ago.
The father is on both the boys birth certificate. No the grandmother is not a legal guardian. And yes the boys are presently in our home.
Customer: replied 1 year ago.
there is a case though court father has visitation mother that's in jail has custody
Expert:  Barrister replied 1 year ago.

Ok, then the father would be the default legal guardian of the children if the mother is presently unable to care for them. So he is fully within his rights to retain physical custody of them if there is no order naming the grandmother as the back up legal guardian.

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And no, the grandmother has no legal standing to file a kidnapping complaint...they aren't her children and are in the custody of their legally recognized father...

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Father is going to have to file a motion to modify any visitation schedule with the same judge who put in the initial order and have it changed so reflect him as the sole custodial parent, at least as long as the mother is in jail.

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But until he gets that through, he can still legally continue physical custody of the children as he has the highest priority for custody.

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thanks

Barrister