Please Help Me. I have custody battle.?
My husband and I have been togethor for 1yr. My husband has been incarcerated for 1yr. My husband had to give up custody of his son due to his situation to his mother. I am not the mother of his son so I had no legal ability to recieve custody. My husband will be relased within the next six months. The courts have ordered him to a rehibilation home in our city for three months so he can get his life on track and learn how to survive in the job force. My husband has no prior record this is actually his first time in prison. Due to his early release my husband and I would like to begin our new life togethor as newlyweds, and also regain custody of his son from his mom. Is there any legal reason why my mother - law would retain custody, Due to my husband Record?
Answers:
Sorry, but your husband will NOT get custody unless he can prove the woman is absolutely unfit as a parent. That is not going to happen. I suggest you wait a few years and then file for custody.
Your husband should talk to his mother and ask for his son to be returned to him as soon as he's out. You don't have a "custody battle" unless she refuses to return his son.
it definitely depends on why he was in jail.
usually they lean toward the natural parents but when you go to jail for something it doesn't look good.
if the judge feels the child is doing better where he is the judge will not move him.
it's all in the best interest of the child not what the parents have to say.
Why did he go to jail and what were the charges. I need to know more before I can give you an honest answer
A LOT DEPENDS ON YOUR TRACK RECORD.
WHERE IS THE REAL MOTHER?
I WOULD APPLY FOR JOINT CUSTODY AS SOON AS YOU CAN PROVIDE A STABLE HOME, THEN WORK TOWARD FULL CUSTODY.
IF YOU BOTH ARE WORKING OR CAN FINANCIALLY PROVIDE FOR THE CHILD I BELIEVE THE COURT WOULD TAKE THIS INTO CONSIDERATION.
IF YOUR HUSBAND IS ON PROBATION THEN HAVE HIM BE SURE AND FOLLOW ALL GUIDE LINES AND FLY RIGHT.
I BELIEVE YOU WILL EVENTUALLY REGAIN CUSTODY IF YOU JUST STAY STEADY IN THE BOAT.
THE GRANDMOTHER MIGHT WANT TO RETURN CHILD BECAUSE OF HER AGE AND BECAUSE SHE WOULD LIKE TO SEE HER SON AND GRANDSON HAPPY TOGETHER.
IT IS ALWAYS GOOD FOR THE CHILD TO HAVE HIS OWN FATHER AS A ROLE MODEL..
FIND A GOOD CHURCH AND GO AS THIS WILL HELP YOU IN YOUR CUSTODY BATTLE...TAKE THE LITTLE TYKE WITH YOU IF GRANDMA WILL ALLOW IT UNTIL YOU GET CUSTODY...
GRACE, PEACE AND GOD BLESS AS YOU GO ON YOUR WAY TO A NEW AND HAPPY HOME.
as stated the test is the best interest of the child, as such until your husband gets released, finds a steady job, can provided a stable income for living etc he has no chance of getting anything more then visitation at this point
Unless your husband had his parental rights terminated, which he apparently did not, and if he can get his life back in order, then his rights as a father override the grandmothers possession. Prison time on a first offense does not make a parent legally unfit to raise their children.
If he simply left the child in the grandmothers care while he was in jail, and a family court did not order transfer of custody, then legally he does not have to go back to court to take possession after he leaves rehab and moves back in with you. Grandmother may attempt to initiate legal action if she feels slighted, but realistically her odds are not very good. Bottom line is first communicate with grandma and discuss this nicely and try to smooth things out so everyone is ok with it. Consult a family law attorney if you feel there may be problems.
Most people responding to your question do not have a clue on how the law works in these cases, though they may be well intentioned.
Your husband may be seen by the court as unfit for even commmiting the crime.
If you not you would still have to prove to the court that infact the current parent(mother) that has custody is unfit.
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