Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > FOR FAMILY & FRIENDS > Raising Children with Parents in Prison
Register Entertainment FAQ Calendar Mark Forums Read

Notices

Raising Children with Parents in Prison For the Parent left behind with children AND for the Children that have a parent inside. Discussion of unique challenges facing this group!

Reply
 
Thread Tools Display Modes
  #1  
Old 03-30-2012, 06:38 PM
Mommy2Aubrie's Avatar
Mommy2Aubrie Mommy2Aubrie is offline
Registered User
 

Join Date: May 2010
Location: Sherman, TX
Posts: 109
Thanks: 42
Thanked 13 Times in 11 Posts
Question Want to get full custody while he's in prison

He has been in prison since I was 4 months pregnant. He was locked up for pulling a knife on me when he was coming down from drugs. He was out for one month and went back in. When he was out he kept her for a total of 3 nights and always called me because he was TIRED of DEALING with her? I just want to get full custody because he is affiliated now and I don't want my daughter around that. She is so scared of him...(she's 2). What are my choices? What can I do? I am looking into getting financial aid for a lawyer but what can I expect?
__________________

Sept. 26 2012 can't come soon enough!
My life is amazing!
Reply With Quote
Sponsored Links
  #2  
Old 03-31-2012, 04:15 AM
Joeysgirl425 Joeysgirl425 is offline
Registered User
 

Join Date: Oct 2011
Location: Michigan US
Posts: 376
Thanks: 8
Thanked 134 Times in 96 Posts
Default

Quote:
Originally Posted by Mommy2Aubrie
He has been in prison since I was 4 months pregnant. He was locked up for pulling a knife on me when he was coming down from drugs. He was out for one month and went back in. When he was out he kept her for a total of 3 nights and always called me because he was TIRED of DEALING with her? I just want to get full custody because he is affiliated now and I don't want my daughter around that. She is so scared of him...(she's 2). What are my choices? What can I do? I am looking into getting financial aid for a lawyer but what can I expect?
Did u have a custody agreement prior to him going in? If not, you already have full custody. Also, I don't know about the state u live in, but in Mi, going to prison automatically terminates any parental rights, he would have to fight u in court to regain them once he is released. Also, full custody does not mean he will not be able to get court ordered visitation once he is out, u will have to get him to permanently terminate all of his rights to her, which is not the same thing. I have full custody of my children, but their fathers could take me to court at any time if they wanted to see them on a regular basis. Luckily for me they don't. Call your local court house and ask for who deals with these situations n your state. We have friend of the court here that handles all these matters, they should have someone there that can advise u of what u can do for free, and they can assist u with filing all the paperwork, u will just have to pay filing fees. I wouldn't worry about a lawyer unless he decides to fight it. Good luck!!!!
Reply With Quote
The Following User Says Thank You to Joeysgirl425 For This Useful Post:
Mommy2Aubrie (03-31-2012)
  #3  
Old 05-01-2012, 03:51 PM
143forever's Avatar
143forever 143forever is offline
Crazy Gypsy Lady
 

Join Date: Jan 2011
Location: Michigan
Posts: 1,388
Thanks: 32
Thanked 404 Times in 194 Posts
Default

Here in MI friend of the court actually sent me a letter in the mail requesting a meeting with me to discuss child support. I went in and explained he was in prison and they had me sign some paperwork giving me full custody because obviously his dad isn't capable to care for him right now.

Call your local court house and see what you can figure out. GL
Reply With Quote
  #4  
Old 05-01-2012, 06:22 PM
prettywings773 prettywings773 is offline
Registered User
 

Join Date: Jun 2011
Location: In La La Land
Posts: 331
Thanks: 175
Thanked 247 Times in 120 Posts
Default

check out the laws where you are. where I live if you don't go to court for custody it is shared custody and the father has the right to take his child anytime he chooses. It is best to go to court and get custody. I think because he is in jail and because of the DV issues, you may have a good case for full custody. My friend has full custody and she is who decides on visitation. If he takes you to court once he gets out you can always request supervised visitation. Just make sure you write everything that supports your case down. Good luck.
Reply With Quote
  #5  
Old 05-02-2012, 03:59 AM
jessika1986 jessika1986 is offline
Registered User
 

Join Date: May 2012
Location: el cajon, ca
Posts: 1
Thanks: 0
Thanked 0 Times in 0 Posts
Default I filed for full custody

I filed for full custody and moving out of state, I currently reside in San Diego In Cali. my son's dad has been incarcerated since June of 2011, I got papers for him to sign and he refused so I went back to the court house to ask the judge to grant the full custody and the move to Arizona. I'm trying to find out if they are going to let him show up to the hearings so he can try to fight it or not, I'm trying to remember what the clerk said at the family law facilitators office but I can't remember. I think she said that he wouldn't be able to show up cuz of his crime and it's not one of his hearing, he was supposed to get sentenced on the 30th but they keep asking the judge to push it back further and I think the reason he did this time is cuz I had him served early that morning letting him know whats going on.... PLEASE IF ANYONE CAN LET ME KNOW IF THEY WILL LET HIM GO TO THE HEARINGS OR NOT "I PRAY NOT"
Reply With Quote
  #6  
Old 06-05-2012, 11:58 PM
MyBookins MyBookins is offline
Registered User
 

Join Date: Aug 2011
Location: CA USA
Posts: 210
Thanks: 1
Thanked 143 Times in 56 Posts
Default

I know here in cali a parent does not automatically have their parental rights terminated when they go to prison. They do get taken to their hearings and I believe they can also appear by phone. Unless he abused her or they feel prison visits will be detrimental most cases they are granted some type of visit or continued communication. It can be very minimal but they wont just block him from his daughter completely.
Reply With Quote
  #7  
Old 06-06-2012, 12:01 AM
MyBookins MyBookins is offline
Registered User
 

Join Date: Aug 2011
Location: CA USA
Posts: 210
Thanks: 1
Thanked 143 Times in 56 Posts
Default

also before you move I would double check with the court cause once a case is filed for custody it is agasinst the law to move out of state until a decision is granted.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 08:39 PM.
Copyright © 2001- 2013 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics