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terryrobinson31 · Feb 4, 2009, 06:48 PM

I am a father who wants 2 get custody of his son ! The mother is in jail and her family has my son. I ereally don't want them 2 have him. I feel as I father that I should keep him but her family won't let me see him... what should I do? I WANT MY SON WIT ME!! PLEASE HELP!!

Fadingxlullaby · Feb 6, 2009, 12:29 PM

Originally Posted by terryrobinson31

i am a father who wants 2 get custody of his son ! the mother is in jail and her family has my son. i ereally dont want them 2 have him. i feel as i father that i should keep him but her family wont let me see him ... wat should i do? I WANT MY SON WIT ME!!!!!!! PLEASE HELP!!!!

It really depends on the state and how the current custody situation is sitting. If the mom has full custody then in most states she has the right to decide where the child goes. First and foremost you need to get a family lawyer and see what your options are and if you have a viable case to be able to get custody in your state. Good luck!

ScottGem · Feb 6, 2009, 12:36 PM

Originally Posted by Fadingxlullaby

If the mom has full custody then in most states she has the right to decide where the child goes.

Wrong again. The custodial parent does NOT have the right to specify custody when they can no longer provide it.

If the mother is in jail, then the father can assume custody. But if the child is living with her parents and they refuse to give it up, then the father has to go to court to enforce his rights. So Terry, you need to get an attorney and file for immediate full physical custody.

Fadingxlullaby · Feb 6, 2009, 12:46 PM

Once again that is the law in my state. All the information needed to make the full conclusion isn't really present. Are you on the child's birth certificate?

JudyKayTee · Feb 6, 2009, 12:59 PM

Originally Posted by Fadingxlullaby

It really depends on the state and how the current custody situation is sitting. If the mom has full custody then in most states she has the right to decide where the child goes. First and foremost you need to get a family lawyer and see what your options are and if you have a viable case to be able to get custody in your state. Good luck!

You consistently post 100% incorrect legal advice. This is simply not correct. The fact that the "Mom" has full custody (if she does) does NOT give her rights to assign custody/control/guardianship.

You need to begin quoting the specific law or whatever you are using as a source.

ScottGem · Feb 7, 2009, 03:47 PM

Originally Posted by Fadingxlullaby

once again that is the law in my state.

Please cite the law that supports that. I know of no state that allows the custodial parent to assign custody to anyone other than the other parent as long as the other parent is ready, able and willing to assume custody.