QUESTION
Can another family member receive custody if the parent of the child is in jail?
Asked on Aug 29th, 2012 on Child Custody - Louisiana
9 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes.
Answered on May 22nd, 2013 at 5:22 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The parent not in jail would have priority over a non-parent. If the parent seeks custody, the non-parent has to show the parent is unfit.
Answered on Sep 07th, 2012 at 10:09 AM
Yes, a relative resource is one where the person is related to the child.
Answered on Sep 07th, 2012 at 10:05 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sometime, under extenuating circumstances. Generally custody goes to the non-incarcerated parent.
Answered on Sep 07th, 2012 at 10:05 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes someone else can get guardianship, if the other parent doesn't want the child.
Answered on Sep 07th, 2012 at 10:04 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Maybe, maybe not. It isn't possible to answer your question without a complete understanding of the situation and an ability to assess what is best for the child. You need to consult a lawyer.
Answered on Sep 07th, 2012 at 10:04 AM
1 Award
Yes, but the parent in jail has to transfer custody or the family member has to petition the court.
Answered on Sep 07th, 2012 at 10:04 AM
Barbara A. Fontaine
There are two parents. The other person would be the first choice under most conditions. If that person did not want to take the child, be sure to contact the child protective services and ask for placement if they are taking the child. Usually they prefer a relative as long as the person qualifies.
Answered on Sep 07th, 2012 at 10:04 AM
Leonard A. Kaanta
UNless the parents rights are terminated, no.
Answered on Sep 07th, 2012 at 10:04 AM