I Have Full Custody but May Be Going to Jail - What is Going to Happen

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

The mother and I were never married our daughter is almost 3. For the past two years I have had Joint Legal and Joint Physical Custody. The mother has always been rather unstable she left my daughter and I for a month early on. I don't blame her I know a lot of women go through rough spots after birth. Anyways to the point she recently decided she wanted to move to Wyoming with her new boyfriend. I gave her two obvious options one was take me to court if you want our daughter to go with you or sign over full custody. The next day she gave me the go ahead to get things started and I now have Full Physical Custody with Joint Legal Custody and the mother has Reasonable Rights to Visitation. Well during the process of changing our custody I was charged with some crimes. These crimes are non violent and I believe to be a misunderstanding. Unfortunately it may not go that way in court. My main question would be then if I do receive an amount of jail time what happens with our custody? Being that I have Full Physical Custody I have the right to have anyone I want watch my daughter. If I go to jail can I let my Parents watch her for the time I am away? Would the mother get her until I got out? How easy would it be for her to get Full Custody even after signing it over as easily?

If you're incarcerated for any length of time Mom will have every right to get full custody.

Is that your opinion or is it backed by law? What I want to know is if she will be given full custody or will I still be able to present my case. I just don't think people these days should be so ignorant. Men these days are stepping up to be just as important in their child's life as the mother. Equally as important is that women are starting to abandon their role as parents more often. Given my biography and the mothers side by side you would be astonished by my criminal record compared to hers. Does it make me less capable of being a parent just because I was caught every time I made a mistake? I only say this because custody is and always will be about what is best for the child! The only problem is people take one glace at a few words on a piece of paper and assume they are able to gauge what will happen. I just want to weed out opinion and look at the concrete facts. If there is any chance of me losing my daughter and her moving to Wyoming then I will sell my house and every possession I have to pay for a lawyer and fight my charges! Where I stand right now is saving money and just pleading my charges down if possible.

Excuse me? Who exactly is ignorant here?

Please don't have a temper tantrum.

I told you the legal reality. If you are incarcerated, custody generally switches to the remaining non-incarcerated parent.

And yes, of course it makes you less capable of being a parent.

You can't have custody while you're in jail. You would probably have to look in to reunification after you get out. I would be more worried about if your kid's mother doesn't get your daughter, who else would get her then? If there is someone else you want to take care of her, who knows her, and is closer to home, you might want to make those arrangements now.

My parents would take her in a heart beat if the worst should happen. But neither I or anyone else thinks I will see any jail time it was simply just if the worst should happen. As for Dogmatique if you actually take time to read it instead of jumping to conclusions you would realize I wasn't calling you ignorant. I was talking about the general public who think only a mother is capable of raising a child. Although after reading your last comment yes I do think your ignorant! You know nothing about me or the mistakes I have made. To say I am less capable of being a parent is a horrible thing to say. I have never been out of my child's life and have spent everything I have to get to where we are with custody. I may **** up but not when it comes to my daughter! What I meant by comparing myself and her mothers criminal is that her mother has done things that you would be sent to prison for decades but hasn't been caught! I on the other hand have been in the wrong place at the wrong time at every junction in my life. For instance one of my charges was assault because when I was younger I bought a toy gun and a lady thought it was real. Traveling down the road while playing with it she thought her life was in danger and that I pointed at her. Its that simple to get arrested. I was charged with vandalism because garbage from my mothers work was at the scene! Never had been to the place that was vandalized in my life! So if you would like to continue running your mouth do it somewhere else where someone might actually value your opinion. Thank you wv123 you actually managed to answer my question and provide insight. All with out including your personal opinion in the matter. I appreciate that!

Your parents are not the childs legally appointed custodians. Unless they have moms permission also, it is not going to happen.

Let me try to explain again.

If you are incarcerated, you CANNOT parent your child.

This means you are of course less capable.

Why is this so difficult for you to understand?

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Quoting BJUSA

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My parents would take her in a heart beat if the worst should happen. But neither I or anyone else thinks I will see any jail time it was simply just if the worst should happen. As for Dogmatique if you actually take time to read it instead of jumping to conclusions you would realize I wasn't calling you ignorant. I was talking about the general public who think only a mother is capable of raising a child. Although after reading your last comment yes I do think your ignorant! You know nothing about me or the mistakes I have made. To say I am less capable of being a parent is a horrible thing to say. I have never been out of my child's life and have spent everything I have to get to where we are with custody. I may **** up but not when it comes to my daughter! What I meant by comparing myself and her mothers criminal is that her mother has done things that you would be sent to prison for decades but hasn't been caught! I on the other hand have been in the wrong place at the wrong time at every junction in my life. For instance one of my charges was assault because when I was younger I bought a toy gun and a lady thought it was real. Traveling down the road while playing with it she thought her life was in danger and that I pointed at her. Its that simple to get arrested. I was charged with vandalism because garbage from my mothers work was at the scene! Never had been to the place that was vandalized in my life! So if you would like to continue running your mouth do it somewhere else where someone might actually value your opinion. Thank you wv123 you actually managed to answer my question and provide insight. All with out including your personal opinion in the matter. I appreciate that!

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Well you better read Dog's posts, she is correct, you can't physically parent while your incarcerated. wv123 is wrong, your parents will not get the child while your in jail/prison(whichever it is). The childs other parent will have first dibs on that. Your parents are non legal 3rd parties to this and they have no rights to your child over the other parent. Mom had joint legal and joint physical, still has joint legal, so why would she not get the child? Better yet why would you not think it to be "in the best interest" of your child to be with their other parent? The court will see that, they will not see it to be the best interest of the child to be with 3rd parties over the other parent. Go look up grandparent rights for Mi.

What are you currently charged for? Matters little what you say mom has done, she is not the one who has previous and current charges against them, you are. If you go to jail, mom can just go pick up HER CHILD from your parents, again they are non legal 3rd parties. Mom also has good cause to file for emergency custody, since your in jail.

Mom was stupid before and she folded to your threat, had she been smart, she would have just filed herself with the court for a move away, they are not that hard to get in Mi.

Actually what happens, absent placing the child in some sort of reasonable custodial care on your own, the DHS will take the child until they find placement (which may be with the other spouse if they are suitable).

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Quoting flyingron

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Actually what happens, absent placing the child in some sort of reasonable custodial care on your own, the DHS will take the child until they find placement (which may be with the other spouse if they are suitable).

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No, that's not true. CPS/DHS does not get involved with the children unless there is a reason for them to get involved...more than just one of the parents going to jail.

The reason is that the child is in custody of someone who is about to be incarcerated. They have no CHOICE but to do so. You think the kid is going to sit on the judge's bench eating an ice cream cone while they figure out if there is another person who might be able to care for the kid. WORK OUT THE CUSTODY FIRST if you think you're likely to get jailed.

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Quoting flyingron

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The reason is that the child is in custody of someone who is about to be incarcerated. They have no CHOICE but to do so. You think the kid is going to sit on the judge's bench eating an ice cream cone while they figure out if there is another person who might be able to care for the kid. WORK OUT THE CUSTODY FIRST if you think you're likely to get jailed.

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Yes, if there is no one immediately present to take charge of the child the courts will get CPS/DHS involved...or if the child was present when dad got arrested the police would get CPS/DHS involved with the child. There are quite a few scenarios where CPS/DHS would end up involved with the child. However, its not automatic that an incarceration only will get CPS/DHS involved, particularly when there is another parent with legal custody.

Hopefully dad will be smart enough to leave the child with a babysitter at grandma and grandpa's house during his trial.