QUESTION
Can father pursue custody if mother is in jail for domestic violence?
Asked on Dec 24th, 2012 on Child Custody - Louisiana
More details to this question:
The father is in the process of being legitimized. The mother and father have never been married. She left the child in the custody of her boyfriend and it’s not yet determined when she will return home. She has a history of domestic violence and the father is concerned for his child’s safety. Thank you for your help.
12 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File for paternity and child custody. Have an attorney help you with the hearing to ensure she gets convicted.
Answered on Jan 04th, 2013 at 6:28 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The court will enter orders for custody, etc. if the purported father is determined to be the father. I suggest you hire a lawyer.
Answered on Jan 04th, 2013 at 5:36 AM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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Yes, in fact that is a very good reason for obtaining custody and primary placement.
Answered on Jan 02nd, 2013 at 10:14 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The answer is Yes: he can pursue custody. But he ought to work hard to get his paternity determined a.s.a.p. so he can protect the child's interests.
Answered on Jan 02nd, 2013 at 10:14 AM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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Yes. The law prefers that children be with one or the other of their legal parents and that biological parents become legal parents.
Answered on Jan 02nd, 2013 at 10:13 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Father needs an Ohio attorney to seek emergency temporary custody.
Answered on Jan 02nd, 2013 at 10:12 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Yes. The Father could do this anytime even if she wasn't in jail for Domestic Violence.
Answered on Jan 02nd, 2013 at 10:12 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an attorney. A paternity action should be started seeking primary residential status.
Answered on Jan 02nd, 2013 at 10:12 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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YES file a petition for paternity immediately asking for custody and placement.
Answered on Jan 02nd, 2013 at 10:12 AM
Of course. The court will determine what is in the best interest of the child and domestic violence is certainly relevant.
Answered on Jan 02nd, 2013 at 10:11 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Once Dad's paternity is established, he has the same right to custody that mom does. He may want to amend his answer or file a cross-claim or counter-claim in the case to ask for custody from mom.
Answered on Jan 02nd, 2013 at 10:11 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Yes the natural father can petition for custody .
Answered on Jan 02nd, 2013 at 10:11 AM