Saturday, August 21, 2010

I am noncustodial parent and custodial parent has been incarcerated do i have a right to take my child ?

parent has been incarcerated and left the child with grandparents...it is my wkend to visit, they are refusing me this. can i take the child until other parent has court date next week? i can provide for her.I am noncustodial parent and custodial parent has been incarcerated do i have a right to take my child ?
If you have a court order of visitation you have the right to take your child. I suggest you notify your lawyer of these events, the child should have been placed in your care when the custodial parent went to jail. Right now her parents are in contempt of a court order if they do not turn the child over to you and THEY could go to jail.I am noncustodial parent and custodial parent has been incarcerated do i have a right to take my child ?
You do not have custody, therefore you never have a right to simply take the child - that's kidnapping. The grandparents are the current legal guardians while the other parent is incarcerated.





If the legal guardians deny you visitation, then you have to speak with the court or Children %26amp; Family Services or whoever is managing your child's case, and seek legal permission before seeing the child.





Don't turn the child into a power struggle. Do what is right for the child, not what YOU want.
I would say yes considering it is in fact your scheduled weekend anyways. But I would call the police in that city to verify.

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