Legal Question in Family Law in Indiana

Obtianing custody of niece

Can you obtain custody of a minor child if mother may be going to jail? Although father ( I believe) has joint custody. And will the child be place in Child Protective Services if mother is arrested? Will mother be given choice of who obtains custody of said child? What steps need to be taken to pursue custody of child due to unstalbe environment?


Asked on 11/13/01, 10:33 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: Obtianing custody of niece

Father would get first dibs on physical custody of the child, if mother is incarcerated.

Third parties can get temporary custody only if both mother and father agree to that.

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Answered on 11/14/01, 8:24 am


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