the father of my 7year old son is in prison. im not with him and i've never been married to him. im married to someone else. the thing is that hes always make threats that his going to take my son away because i dont take him to go visit him twice a month. i dont have that type of money to drive 10hrs. can he take custody? does he have a right to see his son? can he take me to court???i live in california..i need your help please....
2007-11-21 12:12:44 · 2 answers · asked by varelajazmin 2 in Politics & Government ➔ Law & Ethics
I'm no lawyer but I don't think he can. #1 he would have to have a lawyer in order to do anything like that and #2, he has no where to keep the child. I wouldn't worry about it if I were you but you might want to check with someone that knows the law first.
On a second thought, if he threatens you again, you can always threaten him back about his lack of child support. He does have to be able to support the child and being in jail, I don't think he can.
2007-11-21 13:22:25 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It is "theoretically" possible that a court would find a mother SO unfit that it would be better to award custody to an incarcerated father, and allow one of that fathers relatives to look after the kid.
"Theoretically" possible, note.
In a regular situation, it's NOT going to happen.
The ONLY time I've ever seen an incarcerated father awarded legal custody of a child, the father was Native American, the mother was white, and the award was made by the fathers tribal court. Even there, the mother was granted "physical" custody, but with the father having "legal" custody.
Richard
2007-11-21 13:21:21 · answer #2 · answered by rickinnocal 7 · 2⤊ 0⤋