How to Get Custody when the Mom is in Jail

[CourtShort]

My question involves a child custody case from the State of: Oregon
There is currently no court order on who has 'custody' she is just the custodial parent because they were never married. My fiancé and I want to get custody of the children now that she is in jail AGAIN, this time for a PV violation and endangerment of a minor. We have had the kids since school got out a month ago so they weren't with her when she was arrested. She has been in and out of jail for the last 5 years and we are sick of it. The kids don't need to keep going through this with her. We just want to know what kind of rights we have and what we can do. Thank you so much!

[AZDeputyClerk]

In order to determine if you have any rights in the matter, a few questions have to be answered. What is your relationship to the mother and children? Is there a paternity case in the local courts? If there is, do you have the right to enter the case as an intervenor? Establishing your relationship to the mother and children is very important in determining what rights (if any) you have. Until you provide that information, you won't get many (if any) other responses here.

[Dogmatique]

The OP has absolutely no rights here.

Dad though, has the right to file to establish paternity (if that hasn't been done), and custody if necessary.

Much will depend on how long Mom is expected to be incarcerated and whether child services are involved or not.

[CourtShort]

The question is for him. He has paternity established because of child support. She and I are on great terms and while he was in Alaska working last year I had the kids every weekend and during the week on occasion. She hasn't had her sentencing hearing yet and child services are not involved because the kids have been with us. She and I do all of the communicating about the kids ie what they need and things of that nature. He wants to know what rights he has and what steps to take to gain primary custody. We are afraid that if we let them go home ( all depends on when and IF she gets out of jail ) that when this happens again, her being arrested since it's been a regular occurrence over the last 5 years, that her parents would end up with the kids and we will nothing about it. For example, last November when she went to jail for PV we were not notified and only found out because I regularly check the inmate roster for the county she lives in (like I said its a common occurrence) and saw her on it. As he is the established paternal father of both children where is the best place to start? She lives with her parents and the kids don't have anything of their own while living with her. We have our own home, have good solid jobs and can provide an overall better life for them. We don't want to deny her any rights for visitation or even have her pay child support, we just want what is going to be best for the kids in the long run.

[Antigone]

The question is for him. He has paternity established because of child support. She and I are on great terms and while he was in Alaska working last year I had the kids every weekend and during the week on occasion. She hasn't had her sentencing hearing yet and child services are not involved because the kids have been with us. She and I do all of the communicating about the kids ie what they need and things of that nature. He wants to know what rights he has and what steps to take to gain primary custody. We are afraid that if we let them go home ( all depends on when and IF she gets out of jail ) that when this happens again, her being arrested since it's been a regular occurrence over the last 5 years, that her parents would end up with the kids and we will nothing about it. For example, last November when she went to jail for PV we were not notified and only found out because I regularly check the inmate roster for the county she lives in (like I said its a common occurrence) and saw her on it. As he is the established paternal father of both children where is the best place to start? She lives with her parents and the kids don't have anything of their own while living with her. We have our own home, have good solid jobs and can provide an overall better life for them. We don't want to deny her any rights for visitation or even have her pay child support, we just want what is going to be best for the kids in the long run.

Dad needs to file for a modification of the custody order. You do need to realize that this is dad's responsiblity. When it comes to his kids, legally there is no we.