QUESTION

What do I do to get custody of my son if mom is going to jail?

Asked on Nov 08th, 2014 on Child Custody - Washington
More details to this question:
The mother of my son (legally he has a different father) is on house arrest. She is being evicted and may be going to jail. Her mother wants to keep the children to receive welfare benefits, but the mother of my son believes she is unfit. She wants me to have custody of the children. The notary public told us she can have a paper notarized and I can take the kids back home with me. Is this true? I am visiting right now awaiting to see if she goes to jail. I want to be prepared for what happens next.
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1 ANSWER

Dave Hawkins
Absolutely not. A notary is not an attorney and cannot give legal advice. You have no parental rights to the child. If you take the child, you may be charged with custodial interference a felony. If you are not the legal father, your recourse is to file a 3rd party custody petition. You will not be able to do this without an attorney so please hire counsel.
Answered on Nov 10th, 2014 at 6:08 PM

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