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Seperation/child custody

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Snadyebaiy

Junior Member
What is the name of your state? Indiana:

wife and I are not legally seperated. I am incarcerated for 45 more days,wife Has several arrest warrents out for her.My 4year old is being bounced around staying whereever wife can find a place to stay. my questions is can I have my mom take my son to care for him without legal ramifications, since no courts are involved at this time?
 
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mistoffolees

Senior Member
What is the name of your state? Indiana:

wife and I are not legally seperated. I am incarcerated for 45 more days,wife Has several arrest warrents out for her.My 4year old is being bounced around staying whereever wife can find a place to stay. my questions is can I have my mom take my son to care for him without legal ramifications, since no courts are involved at this time?
Does your wife object to your mother watching the child for some reason or is she simply keeping the child with her as she evades the law? If she objects to your mother, are her reasons good ones?
 

majomom1

Senior Member
What is the name of your state? Indiana:

wife and I are not legally seperated. I am incarcerated for 45 more days,wife Has several arrest warrents out for her.My 4year old is being bounced around staying whereever wife can find a place to stay. my questions is can I have my mom take my son to care for him without legal ramifications, since no courts are involved at this time?
That could be a problem. Unless you can prove the child is in danger and get CPS involved there isn't much you can do. You are not in a position to attend any court proceedings and not to be rude - but considering you are in jail - they may question whether or not you are making sound decisions regarding the care of your daughter.

Now if your wife is willing... then yes, she can leave the child with your mom until you both get things resolved and grounded.
 

Snadyebaiy

Junior Member
Seration/child custody

Guess I should word this differently. I am in a work release program which enables me to have passes, do you think i should go to child services first?I don't really want to cause any problems for her but am greatly concerned about my son.
 

majomom1

Senior Member
Guess I should word this differently. I am in a work release program which enables me to have passes, do you think i should go to child services first?I don't really want to cause any problems for her but am greatly concerned about my son.
Are you in contact with your son's mother at all? Would she be willing to let your Mom watch your son? That would really be the best approach to try first. What are the warrants for her? Not to be nosy - but it would really be best if she stepped up and took care of it all, then she doesn't have to move around.

Your child needs both of you to step up and take responsibility for him. Sounds like you are on your way - can you encourage your wife to do the same?
 

mistoffolees

Senior Member
Guess I should word this differently. I am in a work release program which enables me to have passes, do you think i should go to child services first?I don't really want to cause any problems for her but am greatly concerned about my son.
Be careful. I don't know the terms of your work release, but if you're being released only for work and you spend your time running around on other matters, is it possible you could lose the work release and possibly even extend your prison time?

I agree with the other posts. The best thing is if you can work it out with her. As a hint, don't describe the woman as your mother. Describe her as the children's grandmother. No real difference, but it sure sounds more appealing.

If she's unwilling to discuss it, then you have to ask yourself if the kids are really in danger. If they're in danger, then report it to CPS. If they're not in danger, wait until you're out to handle the situation. It will be a lot easier on you and your opinion will carry more weight with the judge.
 

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