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I'm assuming you mean the other parent is in jail? You also do not say if this is simply an arrest pending charges, or a post conviction?
You file an Emergency Child in Need of Care Motion requesting temporary custody pending a full hearing on the matter.
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How do you file for full custody when non custodial parent is in jail on murder charges?
File an order to show cause for full custody. At the same time, prepare pleadings to request the absent parent's (incarcerated for murder) parental rights be terminated. I've seen it happen, I've prepared the documents, so you CAN get his rights terminated. Generally, it is those types of parents whose rights are, and should be terminated. Have a paralegal, or Legal Document Assistant do the work for you if cost is an issue. They are not difficult to do. Best wishes! PF
how do i file for divorce when my spouse is in jail And what would be the chances of him gettin custody of our childern?
You need to have the court papers served to him while he is in jail. He probably won't get custody while he is in jail.
Can you move out of NY when you have custody and other parent is in jail?
Not without permission of the court if the other parent's rights weren't terminated.
Can a non custodial parent gain custody if legal parent is in jail and child has no guardianship?
Yes unless they are found to be unfit.
What happens to the child when the parent who has custody goes to jail?
When a parent with custody goes to jail, child custody arrangements can vary depending on the situation. The child may go to live with the other parent, a relative, a foster family, or be placed in the care of child protective services. The court will typically make a decision based on the best interests of the child.
Can a noncustodial parent take a child out of the state of Ohio to the state of Michigan and be legally granted full custody of a child without the custodial parent being notified?
No, and you would be breaking a ton of laws as you have to get custody rights first, and have the other parent either stripped of their rights or they have denounced their rights. Otherwise, a judge is definitely going to send you to jail for kidnapping and will just as likely deny any appeal for custody.
How did Eminem lose his daughters?
He didn't loose them. He had full custody when Kim was on the run and in jail and other then that they have shared custody.
Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?
If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.
Can a godparent have custody if parent is in jail?
If the other parent is unfit, other relatives have equal chance in court to get custody of the child. Being a god parent does not give you a bigger chance since godparent is not a legal term. It's a religious one.
Can spouse get full custody of child if other spouse goes to jail for short time?
Depends on how long and why they went to jail... You can go to family court and say that he/she is unfit... They can get TEMPORARY full custody , pending a hearing in Family Court.
Does a non custodial parent still have to pay child support when the custodial parent is in jail?
Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.
If a person dies and the baby's father is in jail could the maternal grandparents get full custody of the child?
The baby's grandparents could get custody.
