QUESTION
Can I get legal custody of my granddaughter if the mother is in jail in another state?
Asked on Jan 09th, 2014 on Child Custody - Illinois
More details to this question:
The mother has a charge 120.10 FB (Assault-1st B Felony) in the state of New York. Manhattan Supreme Court. She has been incarcerated for a month and my granddaughter is living with me. I want custody of her. Can she sign an affidavit while incarcerated to give me custody? Her next court date isn't until February 25, 2014. I feel that the mother will not get out of jail soon and that she will probably get the maximum sentence.
2 ANSWERS
Divorce and Family Law Attorney serving Hillside, IL
Partner at
The Law Office of Vincent C. Machroli, P.C.
1 Award
The mother would need to sign a document consenting to you being the child's guardian, & said document would be filed as part of a guardianship court case.
Answered on Jan 14th, 2014 at 6:48 AM
You do not indicate where the child was living when Mom was placed in custody. If the child was living in New York, then New York law applies and an Illinois lawyer is not the right person to ask. If the child had been living in Illinois, then the first issue is where is the biological father, has he been declared the father and what are his rights, if any, to custody of the child. If Mom was in Illinois then she could sign over temporary guardianship of the child to you. That would be good for 364 days.
Answered on Jan 10th, 2014 at 7:19 PM