mother facing incarceration

[mktbm]

What is the name of your state? NM

Mother is being charged with a 4th degree felony that was plea bargained down from a second degree felony for embezzlement. The daughter in question is going thru hell and back in all this mess. How can the father get custody?
Is there a legal way to find out if the mother will be sentenced to prison time or just probation before the hearing so arrangements can be made for the daughter. Mother is still not even admitting anything and refuses to cooperate?

Thanks

 

[Lil Miss Smarty Panties]

When Mom heads off to the pokey, Dad needs to go get his kid from wherever she may be and take her home, then go file for custody based on the change of circumstances.

 

[CMSC]

Were mom and dad married? If not was he legally acknowledged as the father?

Was there ever a custody order involved at all?

Where is the child now?

 

[Cookie97128]

Are you able to attend all the court hearings?
Do you know who the DA trying the case is?

Find out the case number and keep it handy. This will be helpful when you are filing for custody.

Good Luck

 

[mktbm]

Dad does have it in the emergency temporary custody papers that if she goes to jail, he gets custody. Just trying to get her out of the mess right now before that happens. Her mother puts her in everything going on.
Am not able to attend court hearings as she is in NM and I am in Washington.
Do have the case number already.
Mom and Dad were never married. However, he is on the birth certificate, pays child support and gets visitation when the mom feels like giving it.
There was never a custody order involved.
The daughter was spending the summer as visistation with the father and the mother knew she was in trouble so she tried to kidnapp the child to take her back to NM, the father would not allow that and the mother went back to NM and filed a Emergency temp custody hearing and won and the dad put the daughter on the plane. The permanet custody hearing has not happened yet, they are in mediation.
Child is with the mother.