Comments on: Can non custodial father get custody of son while mother is in michigan state jail?

By: MsGuerrera

MsGuerrera — Wed, 02 Dec 2009 22:18:59 +0000

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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By: PenelopeM

PenelopeM — Wed, 02 Dec 2009 21:57:59 +0000

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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By: cyn1066

cyn1066 — Wed, 02 Dec 2009 21:48:59 +0000

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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By: Maalru3

Maalru3 — Wed, 02 Dec 2009 21:07:59 +0000

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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By: videogene

videogene — Wed, 02 Dec 2009 20:48:59 +0000

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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By: shyshy

shyshy — Wed, 02 Dec 2009 20:23:59 +0000

well yea, he just needs to bring it to court.
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