How Can a Father Get Custody if the Mother is In Jail

[Sophiasdad]

My question involves a child custody case from the State of: Ohio, im 36 and have full custody of my 15 year old son from a previous relationship, since he was 5. My 8 year old daughter's mom is in jail on felony charges and had all her parental rights takin away,so her grandmother has emergency custody. A guardium atlidum was appt. And speaks very highly of me and my family. I have no criminal record and have a solid work history. How hard is it to get full custody of my daughter from grandma. I have a good lawyer and go to the final hearing on June 20. Im very nervous. Hope you can help w/ a positive response. Thank you!

[Dogmatique]

Were you present in your daughter's life? Regularly and recently?

[Sophiasdad]

Yes, was always there this is second time I tried to get custody. Since her mom lost custody I thought id have a good chance. I have a beutiful home and can provide for my daughter. Her mom is in jail and before that she was homeless. I volunteered a hair test also to prove I don't do drugs, I been working for CSX railroad for over 8 years and in a factory for 8 years before that. Her mom has been charged w 4 counts of check fraud and pawned several of my daughter electronics she stole from her bedroom. She was recently arrested for drugs, (heroin,meth,coke) is waiting to be charged in 2 other counties. Grandma has emergency custody now because at the time I was in Buffalo ny workin for a couple months and had no idea this was goin on. My daughters boyfriend called me and told me to get back to Ohio to get my daughter.

[Dogmatique]

Please clarify one thing.

Mom is incarcerated, yes? What happened that led up to the court terminating her parental rights? Has that actually happened or was it simply a case of Mom losing custody (there is a massive difference).

When did all of this take place?

[Sophiasdad]

I got a call last August that the courts gave my daughters grandma emergency custody, noone tried to notify me, she was acused of doing heroin and steeling from he mom(grandma) MOM didn't take court ordered hair follicle test nor did she recieve any councling. She was homeless in Dec. And busted for warrants and possesion of Narcotics this past Feb. Been in jail since. The guardium attlightum tell my lawyer im more than fit to take care of my daughter also. How strong is grandmas rights now?

[Mr. Knowitall]

You got a call from whom last August, stating that the child had been in grandma's custody for how long? Since then you've had how much contact with the child and have taken what action in court?

[Sophiasdad]

The call was from my daughters mom's live in boyfriend,(their 3 yr old son that they have together is in emergency custody w/ grandma too) grandma had emergency custody for a lil over a week when I found out and I got a lawyer instantly and filed a custody motion. I've been getting my daughter a few times a week and she's been spending the night. Me and grandma get along great for now. She wants to keep both kids together though. The courts are doin boyh childrens cases at the same time. And I have been paying child support since my daughter was born.

[Dogmatique]

I'm really not sure what else we can say. You've got an attorney and the cases are going ahead - we can't tell you with any guarantee which way this will go.

On the one hand, the court may feel it's best for the child not to be uprooted. On the other hand, you're Dad and there doesn't seem to be an issue with you being unfit.

[Sophiasdad]

Wow, so still 50/50 chance. Damn fathers have it rough!

[Dogmatique]

It's the kids who have it rough.

And seriously - nobody said anything about the odds.