Divorce, getting out of jail fighting for custody?

Question

Ok Hi. I have a friend who totally met the wrong guy married him and had a precious baby. Well needless to say he got put in jail for something he did before they got married...well ANYWAYS you dont need the whole life story she wants a divorce and is in the process of filing but now he is getting out of jail in 9 months and is fighting for custody....her little girl has only know her mother for the first year of her life and by time her father gets out she will be 2! My friend is wondering what her chances are of keeping her child...does he even have a chance to get her?

Answer 1

I would tell your frend not to worrie about it because he has brocken the law where she has not.also 90% of the time mothers get their kids anyways.another thing is if she is a good mother they would not remove a baby from the home unless their is a d**n good reasion!!!!!

                      Good Luck!

Answer 2

Depends on the so many factors: the state, the judge, the situation of the mother, etc. If it's not a great situation with Mom, then she needs to get her parents to file for rights with her. He's got a chance, yes, but he's not likely to get primary custody. Possibly just weekends, or every other weekend and every Wed.  

Answer 3

Unless she's a drug-addict kid-beating woman, I don't think he has a chance of getting custody. He will, however, probably get some visitation rights, as they encourage that... even if he's out of jail. The fact is, she's been the sole caregiver for the child, so unless she's doing a realllly crappy job, they won't take the child away from her to give the little girl to someone she doesn't know!

She should, of course, get a lawyer to discuss everything with, but... I think she's safe

Answer 4

Since the father has been in jail and the mother has not, the mother should have preferential treatment in the custody matter.  She is going to a divorce attorney, the attorney would have all the legal writings in their area to reflect on to give her a far better informed answer.

Answer 5

if your friend has a job, a reliable plan for taking care of the child and has some stability set up, then she has nothgin to worry about...

and if she does not even want to allow him visitations, she needs a lawyer and she needs to get all the dirt on her ex as she can, bring it all up in court. Make him look like the scumbag he is

Answer 6

You can always just split the kid in half.

Answer 7

Nope, the father is not in the best interest of the child. He canthreaten all he wants but the Judge will have the finalsay so and Dad isnt going to win based on his past. Now your friend should not agree nor sign anything from Dad or his Attorney as the courts cannot undo anything agreed upon outside the courtroom and without someone, including me is feasible, looking at it. Also she needs tokeep a detailed record of any contact with him especially any threats as this could be an automatic one-way back to the prison especially if hes threatening while still in jail. Tell her to file right away and go for an immediate custody hearing, but no need to worry here at all. Also if I can be of any further assistance,please feel free to email me at   [e-mail]  and Ill get back to you ASAP. Any emails are considered attorney-client privledged

Answer 8

The woman has the best chance here, not many judges hand over children to fathers getting out of jail.  I think he could be allowed visitations, maybe even supervised ones, but I don't think he would get custody.  She needs to be sure she can support the child and has a stable environment for him.

Answer 9

Unless she has some serious skeletons in her closet, she will have physical custody of the child.

He may get joint custody, depending upon his charge.  At the very least he will get visitation.

Answer 10

Believe me the chances are VERY GREAT she'll get custordy. he has a jail record. Their not going to give this baby to him??? Tell her not to worry. good luck

Answer 11

A parent who has been in jail has a significantly lower chance of getting custody then a law abiding parent. Especially if the offense was violent.

A parent who has had little time with a child has a significantly lower chance of getting custody then a parent who has been the custodial parent who has been residing with the child since birth.

So unless she has been proven unfit, can not provide for the child, has neglected or abused the child...his chances are next to zero.

Best wishes

Answer 12

That really sucks...I dont know.  Does she not want him to see his daughter at all?  Or is the issue joint custody versus sol custody?   Get a good lawyer

Answer 13

I would have to say No, he only has a chance of getting joint custody and being the non residential parent with visitation rights, but the child will stay with mom ,unless there is something about the mom that could sway that decission.