QUESTION
How could the father regain full custody of his children?
Asked on Jun 19th, 2015 on Child Custody - Wisconsin
More details to this question:
Mother now has physical custody (lives with her mother)- dad visitation every other weekend. Mother is now in jail/going to jail - What does the father have to do to gain full custody the children? Can he take them without going to court?
7 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, custody is not the issue, residential time is. Yes if mother is going to jail, father can make a motion to the court or a petition for modification (depending on how long she is going away) and ask for a change in the parenting plan. Whether the change is permanent depends on the length of time mom has to serve, the nature of the crime, etc.
Answered on Jun 19th, 2015 at 5:25 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You should file a Motion to Modify Custody and take your children if the mother has to abandon them.
Answered on Jun 19th, 2015 at 2:44 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Father needs to get a court order giving him legal and physical custody
Answered on Jun 19th, 2015 at 2:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He should've going to court for a modified custody order.
Answered on Jun 19th, 2015 at 1:07 PM
The answer to your question will depend on what is contained in the court order giving custody to the mother. I would have the father review the order and have an attorney do so with him so that the attorney can discuss his options with him.
Answered on Jun 19th, 2015 at 12:26 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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The father would have primary rights to take the children when the mother goes to jail. However, another family member may file a guardianship petition or even obtain a voluntary document from the mother for temporary custody. Your best option is get a modified court order. You should consult with an attorney about your options.
Answered on Jun 19th, 2015 at 12:20 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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He definitely should file appropriate motions with the court, and as soon as reasonably possible. He could ask for temporary primary placement while she is in jail, or if there are very strong reasons, ask or a change in custody and placement. Find an experienced matrimonial lawyer who can advise and represent you. It's almost always worth it. Good Luck.
Answered on Jun 19th, 2015 at 12:05 PM