Legal Question in Family Law in Minnesota

I f wife is in jail, can fathre assume custody of the children ?

Me and my wife are seperrating and she just got put in jail for about a month and half. I was wonderinf if I can take custody of the kids while she's in there? She has no papers of any requireing me to stay away from the kids. After she got out I would then bring the kids back to her. Please answer this question in any way you can.


Asked on 9/27/99, 4:37 pm

1 Answer from Attorneys

Re: I f wife is in jail, can fathre assume custody of the children ?

If you are the recognized father (eg. children were born during marriage, or paternity was established) you have the right to take custody of the children. If the mother is incarerated, you may wish to file for a separation or divorce and seek custody of the children on a permanent basis. Once custody is established, it is difficult to change.

For any additional questions, please call (612) 831-5000 or visitour website at www.divorceprofessionals.com

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Answered on 9/29/99, 7:06 pm


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