How can I get custody of my child if her mother is in jail on drug charges? - Child Custody Law Questions and Answers- LawQA.com

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How can I get custody of my child if her mother is in jail on drug charges?

Can I get custody of my child since her mother is in jail on drug charges?

Answer By Janis L. Blough

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It would be best to retain an experienced attorney and file a child custody action, if you are the legal father. Otherwise you will have to file a paternity action to establish your legal paternity. In either case the court will order custody, support and parenting time in the judgment. You will want to ask for supervised parenting time for the mother if she has drug or alcohol problems. Good luck!

Answer Applies to: Michigan
Replied: 9/5/2012


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You need to file an {emergency} motion for custody with the Family Court.

Answer Applies to: Rhode Island
Replied: 8/1/2012


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Yes, you need file an action for change of custody, if there is custody order in effect.

Answer Applies to: Michigan
Replied: 8/1/2012

Answer By Dave Hawkins
The Law Offices of Dave Hawkins
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Yes if you follow all of the correct procedures and convince he court that it is in the child's best interests to live with you.

Answer Applies to: Washington
Replied: 7/31/2012

Answer By Seth L. Reszko

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I would file a complaint for custody and a motion for temporary custody with the Family Court as soon as possible. The Family Court has a self-help service you can use.

Answer Applies to: Nevada
Replied: 7/31/2012

Warner Center Law Offices of Donald F. Conviser
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File a Paternity case under the Uniform Parentage Act, and file a Request for Order (formerly called an Order to Show Cause) seeking temporary child custody orders pending trial. Serving the mother in jail is necessary. Process service will not be an easy task, but can be accomplished. You would best retain an experienced Family Law Attorney to advise and represent you.

Answer Applies to: California
Replied: 7/31/2012

Answer By Melvin Franke

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You should file for custody.

Answer Applies to: Missouri
Replied: 7/31/2012

Answer By Mindy Bish

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It depends. The Court will look at your relationship with the child. If mom is in jail there may be a dependency court proceeding that will determine where and with whom this child should live. If there is a dependency proceeding then the Family Law Judge will not issue any rulings until that case has concluded. If there is no dependency proceeding then filing an OSC is the recommended action.

Answer Applies to: California
Replied: 7/31/2012


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To get custody of your child, bring the birth certificate to your Family Court and ask how to file a Motion for Custody or ask any family law attorney.

Answer Applies to: Rhode Island
Replied: 7/31/2012

Answer By Kevin Bruning
Bruning & Associates, PC
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You should hire a competent family law lawyer, and file a petition for custody of the child.

Answer Applies to: Illinois
Replied: 7/31/2012

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