Can non custodial father get custody of son while mother is in michigan state jail?
Mother has custody of son and has been sentenced to jail time of at least 3 years. Father pays child support for son and wants to cancel it and get custody of son so that he can raise him. Mother does not have a job and father is employed. Son wants to live with father.
The first concern of the courts will be the best interests of the child, and if the child is old enough, his or her wishes are apt to be considered by the judge in making the decision. Under the circumstances described, it is very reasonable to seek a modification of the custody of the child.
December 2nd, 2009 at 3:23 pm
well yea, he just needs to bring it to court.
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December 2nd, 2009 at 3:48 pm
Yes it is possible. The courts always have the best interest of the child in mind. If the father was not a danger and a good father to the boy, he can surely get custody. In those cases the mother may have just won over custody by a small margin. However if the father is a criminal or irresponsible, the child will go to a foster home, or even and adopted home depending on the outlook in the mother case.
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December 2nd, 2009 at 4:07 pm
Um, hun they will give custody to the father beings the mother is in prison and can not raise the child!!!! Yes he will and can gain custody
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December 2nd, 2009 at 4:48 pm
The courts are supposed to look into the best interest of the child, but children are really viewed as property of the parents. He, unless there is a compelling reason not to, will get custody. I am sorry that the child has a broken family and a mom in jail. Hopefully the father will do right by the child.
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December 2nd, 2009 at 4:57 pm
The first concern of the courts will be the best interests of the child, and if the child is old enough, his or her wishes are apt to be considered by the judge in making the decision. Under the circumstances described, it is very reasonable to seek a modification of the custody of the child.
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December 2nd, 2009 at 5:18 pm
Unfortunately for him, where the son wants to live is not of concern to the court unless he is close to the age of majority. The reason why the father didn’t have custody in the first place and why custody didn’t go to him when the mother went to jail will be the main factor. The father will need to file paperwork with the Friend of the Court to start an investigation. If the state decides to hear the argument and the father pursues the case, he’ll need to be prepared for a long, drawn out process where he’ll need to prove he is a better candidate for custody than the current guardian is. Luckily for him, Michigan is one of the more progressive states as far as Father’s rights go.
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