I'd like to speak to someone about Child custody of an incarcerated individual. The mother was just incarcerated so I

Expert's Assistant chat
Customer: Hello, I'd like to speak to someone about Child custody of an incarcerated individual.
JA: Who currently has legal custody?
Customer: The mother was just incarcerated so I believe she still is. The grandmother where the mother and child lives is the approved guardian
JA: The Family Lawyer will be able to walk you through that. Is there a child custody order in place?
Customer: No. I would like to assume guardian or child custody but I'm not sure of the pros and cons of each I would like an attorney to file and assist properly
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't believe the mother will be released. the charges are severe and the mom is no longer to be with the child unsupervised even if she gets out. But that is highly unlikely
Answered by Nisha Jones in 5 mins 7 months ago
imglogo
Nisha Jones
10+ years of experience
logo

30740 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Nisha Jones
logo
logo
30740 Satisfied customers
logo
10+ years of experience
imglogo
Nisha Jones
10+ years of experience
logo

30740 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Nisha Jones, Expert

Hello! My name is***** am a family law attorney with Just Answer, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Just Answer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

img

Nisha Jones, Expert

I reviewed your message and I'm happy to help. I'm sorry to hear about this. Can you tell me a little bit more about your situation, are you related to the minor child? Thanks.

Customer
I am the childs uncle and the care taker (or guardian) son.
img

Nisha Jones, Expert

Thanks for the additional information. Is the biological father involved in the child's life at all?

Customer
No. He just passed away in January
Customer
I"m the one to clean this mess up.
Customer
I have several family members willing to raise the child.
img

Nisha Jones, Expert

I'm sorry to hear that. Is there an open child services case against the mother? Or had she previously signed over guardianship to the grandparent voluntarily?

Customer
the incarcerated mom stated the grandparent, sister or myself could be the care giver
Customer
or make decisions... etc..
img

Nisha Jones, Expert

Did the mother and grandmother have the guardianship order entered through use of the local Family Court, or is this an agreement they drafted out of court?

Customer
There is no agreement. The mother was just incarcerated. I am looking to file and I'm not sure what is needed
Customer
I was thinking it best to hire an attorney since re-location will be involved
img

Nisha Jones, Expert

What state are you located in?

Customer
The child is in North Carolina. We plan on bringing the child back to New York where most of her family resides.
img

Nisha Jones, Expert

Thanks for clarifying. Give me just a few minutes to finish typing up some information for you, thank you. 

Customer
ok.. there was a DSS Safety Plan that the social worker got the mom to sign saying the grandmother can provide care for the child until this worked out.
img

Nisha Jones, Expert

You need to file a petition for guardianship through the local Family Court in the county where the child currently resides. Jurisdiction is based on the child, so you'll need to pursue the guardianship order locally prior to moving back to New York. If you contact the clerk's office at your local Family Court house they should be able to provide you with the packet of forms for filing the petition for guardianship. You would want to be sure to include information concerning the mother's incarceration and the father's unfortunate recent passing. You can also include information concerning the guardianship placement with the grandmother and how long that has been in place. You'll have to have a copy of the petition filed back with the clerk's office, and a copy sent to the mother where she's incarcerated. You can also consider retaining a local family lawyer to represent you moving forward. The amount of forms that courthouses provide to self represented parties varies from jurisdiction to jurisdiction, so you'll need to check directly with the clerk's office to verify whether they have the template packet of forms available for your use. Unfortunately many courthouses in the the state of North Carolina don't offer many  template forms. You can consider contacting the North Carolina State Bar lawyer referral service for a referral to a reputable family lawyer in the area that would be able to assist with this though. The phone number is:(###) ###-####

I hope that helps! Please remember to rate my service using the 5 stars at the top of the page once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer