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  1. #1
    Join Date
    May 2009
    Posts
    1

    Exclamation Incarcerated Father, Mother Needs Custody

    State: VA

    1) In 2005, temporary physical custody was given to father.
    2) In 2008, father was incarcerated and was given a lengthy (years) sentence.
    3) Case was never closed, has always been temporary. I, the mother, obviously has taken the custody of the child. I have tried myself to get into the courts and get LEGAL custody for my child and my own protection. They say I cannot do it without a lawyer. True?
    4) Primary residence and case was in fathers city. Can I open a new case in my city?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Incarcerated Father, Mother Needs Custody

    Quote Quoting brilili1
    View Post
    State: VA

    1) In 2005, temporary physical custody was given to father.
    2) In 2008, father was incarcerated and was given a lengthy (years) sentence.
    3) Case was never closed, has always been temporary. I, the mother, obviously has taken the custody of the child. I have tried myself to get into the courts and get LEGAL custody for my child and my own protection. They say I cannot do it without a lawyer. True?
    4) Primary residence and case was in fathers city. Can I open a new case in my city?
    Although it is always best to have an attorney, it is NOT a requirement.

    Have you researched the laws and filed the approriate forms?
    If not, you should do that, but you should also at least get a consult with an attorney before filing.

    You might be able to have the case transferred to your city, but you'll need to read the rules/laws regarding transfer of actions.

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