father is in prison ( for poss. of controlled substance, and DWI and Burglary of building(twice) and will leave in about 3 months and then will be required to live in a half way house for up to a year. Is there any way to keep him from getting custody from the mom.
2007-03-20 07:39:47 · 7 answers · asked by texaschick 1 in Politics & Government ➔ Law & Ethics
broke a law in Texas? Good luck, they execute people for the fun of it
2007-03-27 18:05:14 · answer #1 · answered by darkcloud5757 3 · 0⤊ 0⤋
When deciding custody issues, the courts look at the whole picture concerning both parents.
Certainly, a parent who is in jail for the above mentioned offenses is one that a court shy's away from. The reason is because the parent presents a poor record of judgement making bad decisions that could reflect poorly upon the upbringing of a child.
The mother, in this issue, is not in prison or any other penal institution. If the mother has a fairly clean record and shows she is more responsible than the father....my bet is the mother will continue to maintain custody over the child.
Most courts realize the "maternal" nature between mother and child. As such, a majority of custody issues go in favor of the mother. Often times I've seen where the father has attempted to sway the court by saying the mother has no job etc. The courts response is "it only matters where the money can go to the child...not where the child has to go to the money!"
I would suggest you contact an attorney in your local area that specializes in family practise. He/she can protect your best interests with the child in a court of law.
Best wishes!
2007-03-20 07:57:07 · answer #2 · answered by KC V ™ 7 · 0⤊ 0⤋
There is legal custody and physical custody. They are different.
Physical custody refers to who the child lives with, who provides the food and shelter, etc. So, a person in prison or a halfway house would not have physical custody, obviously.
Legal custody refers to who makes the decisions regarding the child -- who decides where the child goes to school, signs legal paperwork (permission slips), etc.
It would be possible for a court to award sole or partial legal custody to a parent, even if the parent were in jail or in a halfway house. It all depends on the specific circumstances, and what is in the best interests of the child. But it would be rare.
2007-03-20 07:45:32 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
There is no way he will get custody. None. Not in Texas.
2007-03-20 08:02:41 · answer #4 · answered by dude0795 4 · 0⤊ 0⤋
A judge wont grant him custody unless the mother is a bigger piece of $#!^ than he is.
2007-03-26 17:26:07 · answer #5 · answered by plainfieldcletusblue 4 · 0⤊ 0⤋
i doubt it
2007-03-25 12:25:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
NO
2007-03-27 09:12:31 · answer #7 · answered by 女性ウルバリン 4 · 0⤊ 0⤋