Does Custody Automatically Change if the Custodial Parent Goes to Jail
My question involves guardianship in the State of: pa
My daughters father is going to be going to jail he has had custody of her I have been active in her live never in any trouble.would just custody just transfer to me or do I have to get the court involved.
Re: Father the Custodial Parent Going to Jail
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Brenn
My question involves guardianship in the State of: pa
My daughters father is going to be going to jail he has had custody of her I have been active in her live never in any trouble.would just custody just transfer to me or do I have to get the court involved.
Do you have any form of joint custody or is dad the only parent with any custody?
Re: Father the Custodial Parent Going to Jail
Is dad married? Or does he live with anyone?
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Is dad married? Or does he live with anyone?
Largely immaterial. But I understand where you are trying to go.
Custody changes but it doesn't automatically transfer to the other parent. You probably have a good chance to obtain that custody (at least temporarily). I presume he's already in jail and has made arrangements for someone (current wife, parents, whatever) to care for the child? You can't just take her, you have to petition to gain the custody in light of the changed circumstances. If he took your daughter to court with him when he was remanded, she's probably in custodial (foster) care now. Still you will have to petition to get her.
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flyingron
Largely immaterial. But I understand where you are trying to go.
Custody changes but it doesn't automatically transfer to the other parent. You probably have a good chance to obtain that custody (at least temporarily). I presume he's already in jail and has made arrangements for someone (current wife, parents, whatever) to care for the child? You can't just take her, you have to petition to gain the custody in light of the changed circumstances. If he took your daughter to court with him when he was remanded, she's probably in custodial (foster) care now. Still you will have to petition to get her.
It really depends on the type of custody they have. If there is any form of joint custody the other parent certainly CAN take the child...unless of course the child is in foster care. Grandparents or other relatives would have no right to keep the child in any scenario where joint custody or shared parenting was involved.
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Actually it is not immaterial or I would not have asked. I have my reasons for asking.
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flyingron
Largely immaterial. But I understand where you are trying to go.
Custody changes but it doesn't automatically transfer to the other parent. You probably have a good chance to obtain that custody (at least temporarily). I presume he's already in jail and has made arrangements for someone (current wife, parents, whatever) to care for the child? You can't just take her, you have to petition to gain the custody in light of the changed circumstances. If he took your daughter to court with him when he was remanded, she's probably in custodial (foster) care now. Still you will have to petition to get her.
Custody doesn't change unless a court says it changes. If he is only in jail for a short term then I do not see custody changing at all. If jail that is up to a year. But if it is thirty days or so and dad has a wife or someone AND mom doesn't live in the school district, I do not see custody changing to have the child change schools for a short period of time. I do agree with the rest of what you stated though.
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llworking
It really depends on the type of custody they have. If there is any form of joint custody the other parent certainly CAN take the child...unless of course the child is in foster care. Grandparents or other relatives would have no right to keep the child in any scenario where joint custody or shared parenting was involved.
Actually no. Especially if there is a companionship schedule. OP would have to petition to have the companionship changed. During father's time he can have anyone he wishes watch the child. How long is dad going to be in jail? Does mom live in the child's school district? You are not correct. I have dealt with this situation and your blanket statement is wrong.
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Ohiogal
Actually it is not immaterial or I would not have asked. I have my reasons for asking.
Custody doesn't change unless a court says it changes. If he is only in jail for a short term then I do not see custody changing at all. If jail that is up to a year. But if it is thirty days or so and dad has a wife or someone AND mom doesn't live in the school district, I do not see custody changing to have the child change schools for a short period of time. I do agree with the rest of what you stated though.
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Actually no. Especially if there is a companionship schedule. OP would have to petition to have the companionship changed. During father's time he can have anyone he wishes watch the child. How long is dad going to be in jail? Does mom live in the child's school district? You are not correct. I have dealt with this situation and your blanket statement is wrong.
Dad isn't having someone watch his child because he is going out for the evening, he cannot be present at all because he will be in jail. What do you think is going to happen if mom simply keeps her child? Yes, of course if dad is in jail for a short time she would definitely have to give the child back when he gets out, but nobody is going to ding mom for keeping her child while dad is in jail.
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llworking
Dad isn't having someone watch his child because he is going out for the evening, he cannot be present at all because he will be in jail. What do you think is going to happen if mom simply keeps her child? Yes, of course if dad is in jail for a short time she would definitely have to give the child back when he gets out, but nobody is going to ding mom for keeping her child while dad is in jail.
I disagree. Is the child in school? Does mom live in the same district? Can she get the child to school or would she have to change the child's school? The proper way to handle this is to go to court and get a court order. If she doesn't, she may find herself in trouble.
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Ohiogal
I disagree. Is the child in school? Does mom live in the same district? Can she get the child to school or would she have to change the child's school? The proper way to handle this is to go to court and get a court order. If she doesn't, she may find herself in trouble.
Sorry, but we are going to have to agree to disagree on this one. There will be no one that can actually GET her in trouble.
Re: Father the Custodial Parent Going to Jail
Father can file for contempt. So yes, there is. I have handled these types of cases. I have seen which way it goes. MOM can get in trouble.