If BM who is the CP goes to jail (It is a HUGE possibility!) she will try to not tell us and just let her parents have SD, but...
1) Can we (NCP) get temporary custody while BM is in jail?
2)What would we have to do to make that happen, if we can?
>1) Can we (NCP) get temporary custody while BM is in jail?
A primary caretaker parent's going to jail is a substantial change in circumstances affecting the child's best interests, therefore you have grounds for a new custody hearing. As soon as the other parent is found guilty, or it becomes otherwise certian that she will be imprisoned, I would immediately file a motion to modify custody on those grounds and simultaneously ask the court to award you temporary sole custody as you believe that you are a better day-to-day caretaker than is your mother's mother.
Then you need some facts to demonstrate why you are better. In order to beat you, the grandmother would need to appear and show why she is to be deemed the preferred parent. More than likely she won't want to go throw the ordeal.
Is it still a substantial change if it is only for 30-45 days?...
>Is it still a substantial change if it is only for 30-45
>days?...
Well, I don't know exactly what the crime is and whether this is evidence of a pattern of bad behavior, but yes, it's a change.
If BM who is the CP goes to jail (It is a HUGE possibility!) she will try to not tell us and just let her parents have SD, but...
1) Can we (NCP) get temporary custody while BM is in jail?
2)What would we have to do to make that happen, if we can?
>1) Can we (NCP) get temporary custody while BM is in jail?
A primary caretaker parent's going to jail is a substantial change in circumstances affecting the child's best interests, therefore you have grounds for a new custody hearing. As soon as the other parent is found guilty, or it becomes otherwise certian that she will be imprisoned, I would immediately file a motion to modify custody on those grounds and simultaneously ask the court to award you temporary sole custody as you believe that you are a better day-to-day caretaker than is your mother's mother.
Then you need some facts to demonstrate why you are better. In order to beat you, the grandmother would need to appear and show why she is to be deemed the preferred parent. More than likely she won't want to go throw the ordeal.
Is it still a substantial change if it is only for 30-45 days?...
>Is it still a substantial change if it is only for 30-45
>days?...
Well, I don't know exactly what the crime is and whether this is evidence of a pattern of bad behavior, but yes, it's a change.