Q: Can a mom take full legal and physical custody of dad is in jail
My fiance went to jail on a 2 year ago issue. He had joint legal custody and visitation. Now the ex girlfriend wamts to take full legal and physical custody will the judge grant that knowing he will be out in 2month
A: Since your husband will be out of jail in a couple of months, I suspect the court will make orders when he is out of jail. The mother would have been in a better position to ask for this two years ago when he was in jail, but making this request now appears to be late. However, a judge could still grant her request. Your husband should respond to her request and ask to appear by phone if he is still in jail. Your husband should also hire a lawyer, at least on a limited scope basis to appear in court. Facts are crucial in determining what a court might do. More facts are required to provide a thorough analysis.
A: She would need to file a motion for emergency custody modification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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