Results 1 to 9 of 9
  1. #1
    Join Date
    Nov 2010
    Posts
    8

    Default Custodial Parent Going to Jail

    My question involves a child custody case from the State of: PA

    My sons father has been custodial parent of my two children for the last 3 years. I left them with their father because I had to get out of the relationship between us. During the last 3 years I haven't seen my kids much until recently I've been getting them on the weekends. This was because I moved to Chicago. He lives in PA and I now live in NJ. I found out he will be going to jail soon for 15 years for acts of fraud. We have been legaly divorced now for about a year and he has been re-married about 8 months.
    Since he is going to jail now I want to get custody of my kids. I don't want his new wife to raise my children. I left my children with their father because he was a good father and financial secure. Does his new wife or anybody else have rights to my children? I can't afford a lawyer.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,757

    Default Re: Custodial Parent Going to Jail

    In a previous thread - you're male.

    Why is that?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Nov 2010
    Posts
    8

    Default Re: Custodial Parent Going to Jail

    I'm sorry. I should of explained. This is actually a question for my girlfriend. I just thought it would be easier to explain this way rather than talking in third person.
    I do also having some more questions pertaining to my previous thread though but I will be posting them under the right topic under criminal law.
    Thanks for all your help and sorry again for the confusion I caused.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,065

    Default Re: Custodial Parent Going to Jail

    a step parent generally does not have any rights to a child that isn't their child. In cases where the NC parent had been absent for considerable time, a step parent can sometimes get a temp guardianship while a transition period is worked out.

    Of course, there are times where the NC parent is just plain MIA or dangerous. In such situations, a lot of things could happen depending on all of the circumstances.

  5. #5
    Join Date
    Nov 2010
    Posts
    8

    Default Re: Custodial Parent Going to Jail

    I understand. In this case the mother wants to raise her kids now because he is going away for such a long time. She is not dangerous in anyway and has never been charged with any sort of crime.
    Now he is saying that he is going to try and get his mother to take custody of the kids. The reason he is not wanting the children to go with their paternal mother is because she won't bring them to see him while he is in federal prison. The Grandmother to the children is involved with the children just like must Grandparents would be. Visits them maybe once or twice a month. She is financially stable and lives in the same state as the father but in different countys.
    My question here is it possible that the Grandmother could be awarded custody over the paternal mother?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,757

    Default Re: Custodial Parent Going to Jail

    Yes, it's possible.

    How old are the kids?

    (It's just "mother", btw - "paternal" refers to the father)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Jan 2006
    Posts
    27,065

    Default Re: Custodial Parent Going to Jail

    unless there is a reason the mother isn't given physical custody of the children, it is likely she will be granted custody. Awarding custody to one parent or the other isn't meant as punishment for the other parent. It is merely what the courts have determined, and often what the parents have actually worked out between themselves and accepted by the courts. The non-custodial parent is no less a parent than the custodial parent. So, if one of the parents is no longer able to take care of the children, the other parent is more than likely going to get full physical custody of her biological, came from her womb, children. The grandparents may be able to obtain visitation. I haven't looked to see how PA looks at g-parent visitation.

    The reason he is not wanting the children to go with their paternal mother is because she won't bring them to see him while he is in federal prison
    unless the kids are about 38 years old, I have no problem with that. Prison isn't a nice place and bringing children into prison can be a traumatic experience for them. They are subject to the same rules regarding searches as anybody else and there are a lot of bad people in prisons. Not a real nice place for kids to be.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,757

    Default Re: Custodial Parent Going to Jail

    PA is probably the second most grandparent-friendly state in the country (after NY). Custody of course is a little different, but as far as visitation goes...PA is nice to grandparents.

    Unfortunately I do see a complication here. The other parent hasn't been present in the lives of the children for several years until very recently; it is possible in PA for the grandparent to successfully file for custody in this situation. The other complication is that the children live in PA - the other parent is in NJ. While I realize that this could mean something as simple as one parent being in New Hope (on the PA side) and the other being in Lambertville (on the NJ side, which would be a geographical difference of about oh, a mile at most), it could mean a drastic change to the lives of the children if there is a longer distance involved.

    This is certainly a situation that requires an attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
    Join Date
    Jan 2006
    Posts
    27,065

    Default Re: Custodial Parent Going to Jail

    I agree to an extent.

    During the last 3 years I haven't seen my kids much until recently I've been getting them on the weekends.
    don't know what "much" is or "recently" is. Depending on what "much" is and if she has had unsupervised complete weekends, I would suggest the nobody saw a problem with mom having them on her own. As such, I would think the step mom or g-parents might have a hard time arguing that now they do have a problem with it.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 2
    Last Post: 07-10-2011, 07:53 AM
  2. Change of Domicile - Custodial Parent Job Offer and Non Custodial Parent Unemployed
    By tresmilagros in forum Child Custody and Visitation
    Replies: 1
    Last Post: 03-30-2011, 12:59 PM
  3. Non-Custodial Parent Being Released from Jail
    By Saru in forum Child Custody and Visitation
    Replies: 9
    Last Post: 03-04-2011, 02:58 AM
  4. Child Neglect: Non-Custodial Parent's Roommate Just Released from Jail
    By jeannine83 in forum Abuse and Neglect
    Replies: 2
    Last Post: 02-14-2011, 10:53 AM
  5. Non-Custodial Parent Trash Talking Custodial Parent to Child
    By mom2four in forum Child Custody and Visitation
    Replies: 2
    Last Post: 09-10-2008, 11:58 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document