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Mom is in jail, does she have rights

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bpfoster

Guest
What is the name of your state? California.
I have been caring for my 16 month old nephew for several months. The mother is in jail for drug use and she gave temporarly gave custody of the child to her mother before she went to jail because Child Protective Services were involved. They told her that she could not care for her child and it would be in her best interest to give custody to a family member. Her parental rights were not terminated. A month ago the father, who has been noncustodial petetioned for custody, after two judges said the mother had to be there, the third one gave him custody and he took the child 3 days later. He has never been with him for more than 6 hours and I am worried about him emotional well being. Can the judge make this decision without the mother's input or consent? if not what can she do.
 


karma1

Senior Member
bpfoster said:
What is the name of your state? California.
I have been caring for my 16 month old nephew for several months. The mother is in jail for drug use and she gave temporarly gave custody of the child to her mother before she went to jail because Child Protective Services were involved. They told her that she could not care for her child and it would be in her best interest to give custody to a family member. Her parental rights were not terminated. A month ago the father, who has been noncustodial petetioned for custody, after two judges said the mother had to be there, the third one gave him custody and he took the child 3 days later. He has never been with him for more than 6 hours and I am worried about him emotional well being. Can the judge make this decision without the mother's input or consent? if not what can she do.
I'm sorry, I am really confused-
The mother could not give custody of a child to her mother unless she had sole physical/legal custody to begin with and the bio fathers rights were terminated-
Obviously, the father went to court and it was determined he gets custody-
When and where do you fit in all of this?
Mom is in jail, and I cant believe you think she should have any imput about this at all----
what a mess! poor kid-
 

CMSC

Senior Member
I take it that the courts and CPS recommended that grandma have temp. custody...maybe until dad could be reached or notified.

Now grandma can file for visitation and you, if related to the person in jail, possibly could too. It is often a long shot, but worth it.
 

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