Can You Take Your Child if the Custodial Parent is Incarcerated

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

My ex was granted custody after a year of getting out of prison. I was not proven bad or unfit. It boils down to the fact his parents are rich and he was stable living with them. And my husband and i already had 5 kids n r home.Well I just found out he's been back n jail for two months and probly will b going back to prison.his parents didn't tell me.I searched his name and found out after my daughter who is 9 said he was working out of town for a while.

Given that it's already after 4pm, you should know by now.

If not, we have absolutely no idea who will get custody or who has the child. You need to be a lot clearer and concise.

I'm going to guess the answer is no since dad actually had "custody" and not you. Do you have visitation with your daughter? I'm thinking not to much as summer just ended and you didn't know until now that your ex has been in jail for several months. So it really depends on what the current custody order says. Your best bet would be to file for emergency custody however grandma's house may actually be the best place for your daughter if you already have 5 kids in your home. Then again, I'm basing my thoughts are the very limited information you provided.

What I mean is, am I legally entitled to go and pick her up since her dad is in jail. She's with his parents. Lives about four hours from me. She has always lived with his parents since he got custody of her. I just don't have the money to compete with them,or else I would've done something about it. I've heard grandparents have no rights in Arkansas. I've always figured he took me to court and after a year he got custody just so his parents could raise her

We actually have three n the home now. I'm supposed to get her every other week but they've always kept me to leas than that. They always make up excuses why they can't meet. We live four hours apart and meet half way.it usually ends up being every three weeks when I get her.its always been his parents meeting for visits.my attorney told me right after he actually won custody that if he's not pending 50% of his time with her that I could try and get her back.but like I said,I can't compete with them money wise.

You should be talking to your lawyer about your options. Given your prior loss of custody and with no information about when your ex- is going to be released, I am reluctant to suggest self-help -- your lawyer has the full facts for the prior round of litigation and can also investigate your ex's current charges and probable release date (if unknown to you).

You are going to.need an attorney for this.

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Do you have custody of all of your children that are under 18, except for her ? If you had 5 children at home recently and now you only have 3, either 2 turned 18 and left home or you have lost custody of them also.

Yes. The two has turned 18 and moved out. I've never lost any of mine or my husbands. Just her. We fought over a year in court and judge just thought his home and situation was better than mine. I do know my ex will be there for a while. He's in county,waiting on a bed in prison. His parole was denied the other day.

Do you mean his bail was denied ? Parole wouldn't apply here.

Well I got an email saying his parole was denied? I'm having trouble figuring out when he will be out. I did find out, I can go get my daughter. I have every legal right. The thing I'm worried about now is if he can come snatch her right back the day he gets out. I've gotta b prepared for a fight. We live four hours apart so her schools will get changed and if he can just switch her right back n only a few months,I don't want to put her threw that. Of course I believe her best interest is to b with her mom and siblings but I don't think its right to move her back and forth. So now my question is, if I go get her,does that mean I have custody or can he just come right back and get her?

If you choose to ignore everybody here, and you choose not to go through a court, then very obviously your ex- will be able to enforce the custody order when he gets out of jail.

If you don't want that to happen, start paying attention -- talk to your lawyer, and file a motion with the court.