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Grandparents with temporary custody moving to another state

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lisa725722

Junior Member
TX

I need some advice for my in-laws. One parent of their minor grandchild is currently incarcerated. The other parent of this child could be going to jail soon as well. The parent that is "currently free" has issued temporary custody to the grandparents in the event that she does go to jail on November 15th. To complicate things, the 2 parents will be divorcing as soon as both of them are no longer incarcerated. The grandparents are anticipating moving to another state (Kentucky) within the next month because of a job transfer. The "currently un-incarcerated" parent knows about the move and is fine with it because she wants the child to be with the grandparents in the event that she does go to jail. An even further complication comes into play because the currently incarcerated parent will most likely get out of jail while the other parent is still in jail. At this point, can the newly released parent (who had no rights while he was in jail) file for custody of the child or charge the grandparents with some sort of "interference" because they have taken the child to a different state?
 


Shay-Pari'e

Senior Member
What makes you think he had no rights when he was in jail? Did he sign over guardianship to his in-laws as well? Did the courts grant guardianship to the Grand Parents?

Where is my decoder ring?
 

LdiJ

Senior Member
TX

I need some advice for my in-laws. One parent of their minor grandchild is currently incarcerated. The other parent of this child could be going to jail soon as well. The parent that is "currently free" has issued temporary custody to the grandparents in the event that she does go to jail on November 15th. To complicate things, the 2 parents will be divorcing as soon as both of them are no longer incarcerated. The grandparents are anticipating moving to another state (Kentucky) within the next month because of a job transfer. The "currently un-incarcerated" parent knows about the move and is fine with it because she wants the child to be with the grandparents in the event that she does go to jail. An even further complication comes into play because the currently incarcerated parent will most likely get out of jail while the other parent is still in jail. At this point, can the newly released parent (who had no rights while he was in jail) file for custody of the child or charge the grandparents with some sort of "interference" because they have taken the child to a different state?
The timelines matter here....short term vs long term sentences would have an impact on the whole case. Dad's "status" in terms of paternity and previous custody orders also factor in. If dad and mom were married and dad is incarcerated for a couple of months due to a non-violent misdemeanor the scenario would be very different than if mom and dad were unwed, paternity had not been established, and dad is in jail for several years for a violent crime.

A parent certainly can always file for custody of their child. He might have to establish paternity as part of the case if he has not already done so, but he can always file. (assuming his parental rights were not terminated) Whether or not he can win depends on many different factors.

Its not very likely that he could charge the grandparents with any kind of interference. They are a third party agreeing to care for a child in a situation where both parents would be incarcerated. They would not be expected to put their lives on hold to do so. However they may be obligated to keep dad informed of the location of his child.

However...again, short term vs long term incarceration matters....as well as other details that are not present here. So, at best, this is VERY general information.
 
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knd2517

Member
TX

I need some advice for my in-laws. One parent of their minor grandchild is currently incarcerated. The other parent of this child could be going to jail soon as well. The parent that is "currently free" has issued temporary custody to the grandparents in the event that she does go to jail on November 15th. To complicate things, the 2 parents will be divorcing as soon as both of them are no longer incarcerated. The grandparents are anticipating moving to another state (Kentucky) within the next month because of a job transfer. The "currently un-incarcerated" parent knows about the move and is fine with it because she wants the child to be with the grandparents in the event that she does go to jail. An even further complication comes into play because the currently incarcerated parent will most likely get out of jail while the other parent is still in jail. At this point, can the newly released parent (who had no rights while he was in jail) file for custody of the child or charge the grandparents with some sort of "interference" because they have taken the child to a different state?
Was there ever actually a custody order in place between the parents before the father went to jail? If so, the terms of that agreement will still be in force when he gets out, meaning by law they may have to notify him of a move. Jail or not. Parents don't lose their rights when they go to jail and then get them back when they get out. Their visitation is just suspended temporarily.

Did she legally give the gps custody? Meaning was it filed with the court? If not, it's probably not worth the paper it's written on. It would probably be considered a temp guardianship situation by the court depending on whether something like that is legal without a Judge signing off on it in TX.

I'd advise the GPs to not just take the child and go without speaking with an attorney to find out what they can and can't do.

KND
 

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