QUESTION

Does the father automatically get full custody if the mother is incarcerated?

Asked on Oct 17th, 2014 on Child Custody - Pennsylvania
More details to this question:
First off I am the father of the child. The mother and I were never married, but we were together when we had our child. I am on the original birth certificate stating that I am the legal father of our child. Since, the mother and I have separated and we just had a verbal agreement, as far as when I had her and when she had her. The mother has been recently incarcerated. My question is do I automatically have full custody in the court's eyes? Or do I have to file for full custody still? Thank you
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
If mom is in jail, and unable to parent, you can probably go to motions court on an emergency motion for custody and get a temporary order granting you physical custody. You have priority over any one else as a natural parent.
Answered on Oct 21st, 2014 at 1:14 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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