While I was in jail my wife stated she handed over custody of my kids to my mother in law can she do this ?

Question

We are legally married is this possible ?

Answer 1

It would have to be done legally, and I would urge that before taking this any further, consider the children, are they actually better of with your mother-in-law, I have no idea why you are prison, but is this a good example to set for your children, and everyone deserves a second chance. But say you get custody of the children, and you end up back in prison, the children will be uprooted again, if your mother in law is giving the children a stable home, perhaps its for the best, thats not to say you shouldnt see your children, but make sure you can offer them a stable, secure and moral home and set a good example for them.

Answer 2

Yes and No, if she felt that she could not look after the children without you she has the right to hand over custody of them to her parents but that should not effect you, you should still have primary custody over them because you are there parent & a parent willing to take responsibility for them, as she is the one that relinquished her rights to custody this should only effect her. Handing over custody means court proceedings, is this what she meant or was it a verbal agreement? Legally you still have rights. If she has given custody to them (legally) ask to see the paperwork.

Answer 3

I know of someone who actually lost their parental rights because their wife got accused of child abuse while he was in jail. The court ended up taking the children away from them. I'm not really sure how the system works with one in jail a lawyer would be the best one to talk to about this. good luck ;o)

Answer 4

Whether you were married or not makes no difference. You are the biological parent and have rights to the children. Just because you were incarcerated doesn't mean you lost rights to your children. You will be able to get them back, and because she gave her custody of the children to her mother, you may be able to use this against her in taking sole custody of your children if you so desire. If she cannot take care of the children, then you have every right to take them.

Answer 5

If she had sole custody of the children (I'm not sure if you being incarcerated granted her full custody?) then she may have been legally able to do so. I'm sure you'd be able to find a lawyer that could offer free legal advice regarding the issue. Good luck.

Answer 6

Try to get more custody over the kids and why we you in jail

Answer 7

Sounds like it's possible considering you have just told us she did it. I guess your question is, was it legal? You more than likely need an attorney on this one since your parental rights may be affected due to the fact that you were in jail. Was this jail stint prior or post conviction?

Answer 8

No, there is not any longer a regulation that announces the mummy could get custody. there is in basic terms the innovations-set of many judges that a girl is inherently a extra appropriate parent than a guy till she became into beating her toddlers hourly or something of that nature, or maybe then if she makes up something with reference to the husband doing something the choose will all too in many cases immediately have faith her.

Answer 9

Yes, she can, as long as you're unavailable to care for them yourself. Once you're out of jail, you can petition the court for custody, but must be able to prove ability to care for the children, and that they'd be better off with you. Your criminal history, if serious, could get in your way. Good luck!

Answer 10

Temporary custody-yes, permanent legal custody-no