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    Hellokitty789's Avatar
    Hellokitty789 Posts: 3, Reputation: 1
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    #1

    Oct 24, 2011, 04:08 PM
    Father has temporary full custody
    But I have her pretty much split time, and he is currently in jail right now for 60 days, does that mean that is my right to take her since I am her guardian as well? He thinks he still has a say in it because he is in jail, but since something happened to him she needs to be in the other parents care, correct? His parents and family has no legal right to her right?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 24, 2011, 04:25 PM
    If you have joint legal custody, then yes, you get custody WHILE HE IS IN JAIL. Once he gets out of jail, custody reverts back to him unless a court changes custody.

    Its possible the family can fight for custody, but until a court changes it you have it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 24, 2011, 04:28 PM
    Quote Originally Posted by Hellokitty789 View Post
    But I have her pretty much split time, ...
    He has full custody but you have her half of the time? This suggests that he has legal custody and you share physical custody. In other words, he gets to make decisions regarding schooling, health care, etc. and each of you gets time with her according to the terms of the visitation schedule.

    Quote Originally Posted by Hellokitty789 View Post
    ... since something happened to him she needs to be in the other parents care, correct? His parents and family has no legal right to her right?
    Not really. If he has the right to have her with him at certain times, presumably he could delegate this right to his family. Similarly, he can probably still make "legal custody" decisions, even from in jail. In other words, unless it says otherwise (concerning his incarceration) specifically in the court order, stick with the times given in the order.
    Hellokitty789's Avatar
    Hellokitty789 Posts: 3, Reputation: 1
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    #4

    Oct 25, 2011, 11:51 AM
    So because I don't have FULL custody then its not my right to take her while he's in jail, UNLESS we had joint custody?
    Hellokitty789's Avatar
    Hellokitty789 Posts: 3, Reputation: 1
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    #5

    Oct 25, 2011, 11:55 AM
    And He won't give me joint custody because he doesn't want it in writing. Because doing so, I wouldn't have to pay child support any more and that's what he's banking on. But I still have her half the time, even maybe more then he does. But I can't do anything about it or can I? What should I do? Is there anything I can do while he's in jail and she's in my care? Like go somewhere and tell them the situation and maybe get joint custody before he gets out? Or do I need his consent still?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 25, 2011, 01:24 PM
    There are two types of custody, legal and physical. If you don't have joint legal custody, then you may have to go to court to get temporary custody.

    Its not up to him to "give" joint custody. Its up to the courts as to how custody is ordered.
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