when the custodial parent goes to jail

[Ineedadvc]

I am a stepmom of a 14 year old. She lives with her mom and her stepdad. Her mom has been sent to rehab recently and is a convicted felon facing other charges in 3 counties and have no idea how much jail time she is facing.

My husband and her mom where never married and he paid the mom child support and custody had never been an issue. She has always lived with her mom. The past couple of years she has been wanting to get away from her moms drug problem and move in with her dad and I.

We live in Kentucky - so my question is, What can we do in order to get my stepdaughter out here legally? help me if you can - I would greatly appreciate it.

A Worried Stepmom,
Angie

 

[Kelly143]

You live in KY, but where does the SD live? Your husband will have to file for custody in the state where she lives. He will have to prove her unfit, which doesn't sound like it will be a problem, since she is in rehab, a convicted felon, and facing charges. Have they gone to court at all regarding custody? Keep in mind that your SD is not old enough to decide for herself where she wants to live, but she IS old enough to have an opinion, and the judge will take that into account. Good Luck!

 

[buka]

If the custodial parent is locked up, doesn't that constitute being unable to care for the child?
You should be able to get temporary custody ordered while you are going through the process of getting permanent custody. As Kelly said, it doesn't sound like you'll have a problem getting custody.