Can a Parent Still Keep Joint Custody if He's in Prison

[llworking]

You need to file for emergency custody!

She has 50/50 now, is the court going to consider that an emergency? The problem is the school butting into the matter.

[Ohiogal]

Yes because the other parent is not around to provide care for the child.

[ablopez]

what kind of rights does a grandparent have. I'm willing to work of some sort of visitation as needed but does grandma have the right to fulfil dads part of the custody??

[llworking]

what kind of rights does a grandparent have. I'm willing to work of some sort of visitation as needed but does grandma have the right to fulfil dads part of the custody??

Again no, she does not. Dad's custody cannot be transferred to somebody else. Somebody else would have to file for and win (its absolutely not guaranteed) a third party visitation case. However, no third party is ever going to get a 50/50 timeshare.

[Dogmatique]

what kind of rights does a grandparent have. I'm willing to work of some sort of visitation as needed but does grandma have the right to fulfil dads part of the custody??

I would be very, very hesitant to agree to court-ordered grandparent visitation. Once it's ordered its very difficult to overturn. By all means allow access, but be careful.

[ablopez]

OK just another couple more things. you all have been so helpful. I have a set confernce date to resolve the motion I have filed for full custody that my ex is trying to oppose but it is obviously unable to attend can his wife and or mother attend if they were never part of anything involving this. and if they do try to represent him can I request that they not be allowed in. I'm assuming if no one shows on his part either way there won't be much to argue about. now if grandma is trying to get some visitation rights will she have to file a separate motion for that and also how will that be affected if I do gain custody without question after this conference.

[llworking]

OK just another couple more things. you all have been so helpful. I have a set confernce date to resolve the motion I have filed for full custody that my ex is trying to oppose but it is obviously unable to attend can his wife and or mother attend if they were never part of anything involving this. and if they do try to represent him can I request that they not be allowed in. I'm assuming if no one shows on his part either way there won't be much to argue about. now if grandma is trying to get some visitation rights will she have to file a separate motion for that and also how will that be affected if I do gain custody without question after this conference.

They cannot represent him and you can certainly object if they attempt to do so, and can certainly appeal of the judge allows them to do so.

Yes, grandma would have to file a separate petition for visitation rights.