QUESTION
Does the father have rights to placement if the unwed custodial mother is in jail and what is the statue if he does?
Asked on Apr 09th, 2014 on Child Custody - Texas
More details to this question:
I filed for a motion to change custody. After finding out that my daughter's mother had just gotten her third OWI and also has drug charges including maintaining a drug house, possession of heroin with intent to sell, possession of the with intent, drug paraphernalia and neglect of a child (my child). Now she is going to jail and the court case has not been scheduled. Do I have any rights to placement while she is in jail for 90 days?
6 ANSWERS
Yes, you do have the right to petition the court for custody, unless, you have been prohibited in the past from doing so.
Answered on Apr 24th, 2014 at 12:55 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Have you been made the legal father by a court of law? If so, you can just get an emergency order. If not, you have to start the parentage action and then get an emergency order.
Answered on Apr 22nd, 2014 at 9:37 AM
I do not know where you live, but I would suggest that you ask for an emergency custody hearing.
Answered on Apr 21st, 2014 at 3:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear that you are the only parent capable of parenting the child, at least temporally, under the circumstances and therefore should have a strong case. It will depend on all of the circumstances.
Answered on Apr 21st, 2014 at 3:56 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Yes you have rights and I urge you to act now before she gets out of jail.
Answered on Apr 21st, 2014 at 3:51 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You certainly should. Simply file an Ex parte motion for custody setting forth the reasons.
Answered on Apr 21st, 2014 at 3:51 PM