My question involves a child custody case from the State of: NY
Custodial parent (mom) will be in jail for about 3 months. During this time child is living with father and he is enrolling her in his local school which is not the school she's been attending. What happens when mom gets out of jail? They have 50/50 custody and right before she was arrested they had a court date set for dad to switch to only getting daughter every other weekend due to lack of transportation. Father will not seek anything through court while mother is in jail. Does her incarceration mean dad can easily seek primary custody after mom is released?
What Happens when Custodial Parent Goes to Jail
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11-06-2014, 08:44 PMWickedsm85What Happens when Custodial Parent Goes to Jail
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11-06-2014, 08:59 PMcdwjavaRe: What Happens when Custodial Parent Goes to Jail
No one can say whether it will be "easy" for dad to seek primary physical custody or not. There may be a reason why he did not get primary physical custody the first time.
I am curious, though, why is he NOT filing for custody while mom is in jail? It would seem this is the time you petition for primary custody. -
11-06-2014, 09:01 PMDisagreeableRe: What Happens when Custodial Parent Goes to Jail
It would likely be best for her to finish the school year with dad, before moving back home to moms.
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11-06-2014, 09:08 PMWickedsm85Re: What Happens when Custodial Parent Goes to Jail
Dad is not the type to follow through with any papers he's ever filed (violations, etc) he was agreeing to the modification to only have daughter every other weekend because mom was seeking that change. He will not file papers now that she's in jail.
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11-07-2014, 06:31 AMllworkingRe: What Happens when Custodial Parent Goes to JailBased on your previous threads I am not sure why you are even asking the question. Your fiancé clearly won't follow through on any court actions regarding his child. Leave it be and let him sink or swim on his own.Quote:
Quoting Wickedsm85
