[amberkatt]

OK so my daughter is 14 and her biological father has been in and out of prison her entire life well I thought he cleaned his life up let her go visit with him a few times then this last visit she said she don't want to come home I've got lawyer and found out he is in drug court and just failed a ua and was sentenced to 10 days and can do them on weekends so him being in jail can I pick her up

[amberkatt]

K so I had a child with this guy and he has been in prison most her life ,well I thought he had really changed and let them visit and let her visit him well last time she went to visit she won't come home she is 14 and I filed for custody just recently and went and paid yo get his public records found out he is still on parolle and just had a dirty drug test was sentenced to 10 days which he is doing on weekends can I pick her up

[ScottGem]

First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread and merged your other thread.

What you don't tell us, which is key, is whether there are any court orders establishing paternity, custody or visitation. Also who is there to watch her on the weekends? In your other thread you said you just filed for custody. So you will either have to request an emergency temp order or wait until custody is awarded.

If there are no court orders, then you have equal custody. And, as long as she is not left totally alone, you can't just go get her. However, if you have primary custody, then you can go get her regardless of his being in jail.

If she won't go, though you may have to call the police to force her to come with you.

Also, ANY question on law needs to include your general locale as laws vary by area.