Legal Question in Family Law in New York
gaurdian ship or custody
my uncle is in a custody battle he said he has temp custody right now the babys mother is in jail my uncle is on a years probation and cant leave the state he is about to lose his place to live and my grandmother wants to go for gaurdian ship until my uncle gets on his feet but she dosent know what her legal rights are because we live in north carolina and they live in ny and we are not sure how many legal rights the childs mother has when she is in jail we are very confused as to what is going on and what legal course we have if any
1 Answer from Attorneys
Re: gaurdian ship or custody
Obviously the mother cannot have custody of the infant child if she is in jail.
Your uncle, although on probation still has his freedom, and can be a candidate for custody. Your grandmother can also petition for custody of her grandchild, and would make an excellent candidate for custody/guardianship.
A lawyer can straighten out this mess. He could find out the status of any custody, and advise you how to proceed. You should act promptly not to lose any rights that she has.
Probation can be transferred to a different county and/or a different state with the proper application to the criminal court.
The court will decide what is in the best interest of the child and make its decision accordingly.
If you would like to discuss this matter further, please feel free to contact me.
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