if the mother who was given custody of a child is serving a prison sentence (about 7 years) will...
the father be allowed custody then and cancel child support payment to her after he is given custody ?
It depends; the mother is incarcerated, it is very unlikely she can retain custody even of a child who is 16 or 17 years old. However, there are several possibilities. In most states, the other parent, the father, is the default custodian when the custodial parent is unable to play that role. But if DCS or other agencies have investigated the father in the past, the court may look to a third party guardian for the child's care. Furthermore, if the child is old enough to seek emancipation from his parents, the court may honor his wishes, especially when the custodial parent is incarcerated.
The good news for the father is that of all the parties who come before the court, he is the only person with rights as a parent. These rights must be given precedence over the foster care, grandparents, or even emancipation. Thus a good father with a stable home, should have no problem in these circumstances. A man who has a substantial criminal history himself, on the other hand, is not likely to be granted custody. In short, every situation is different.
by gteri7 years ago
i am a mother who had her son taken away and the controlling father got custody. where's this world coming too? mothers don't get chances anymore?
by kellybelle5 years ago
Kim, I was divorced in Tennessee and given custody of our daughter in 2003. She relocated...with me to Idaho where we have lived since that time. The father moved to Florida a few years ago and our daughter...
by Roberta McIlroy5 years ago
My son-in-law left my daughter for a girl half his age. He has moved in with his gf but continually sneaks into my daughters house when she is at work or asleep and takes photos of everyone and the...
by Joan Whetzel5 years ago
How do does one parent deal with false accusations by the other parent during a custody battle?
by dje716 months ago
There are a lot of discussions in forums by dads desperately wanting to be "dad" to their estranged children. My take on it is different; I used to be one of those dads.The mother of my daughter and I...
by brittvan225 years ago
This is a little weird saying this, but should I sue my dad beat dad for child support for my baby sister? He is intentionally putting up roadblocks in my Mom's estate case, honestly I think he wants to see what monies...
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