Does anyone know?

[dontunderstand]

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 can we (NCP) get temporary custody while BM is in jail?  What would we have to do to make that happen, if we can?  

[TPK]

It would probably depend on how long the prison/jail term is.

As far as not knowing if she's headed for the clink (jail), you should be following her court case to see what the outcome is. It's probably public record as to who gets sentenced for what and should easy to find out about.

If the jail term is more than 6 months I'd say to try to reverse custody or get temporary.

I'd ask Soc for some solid advice on this.

Good luck.

TPK

[MYSONSDAD]

You could also check your State Stautes. If it is a felony, she could lose custody. But check with Soc. Follow his guidleines and be sure you post the state and what she is going in for.

Some States will reverse custody on felony charges, Illinois is one of them.

"Children learn what they live"

[gipsy]

Here's My two cent's . I have been through the whole process , And then some with all the dirty crap and the numerous court appearances ,
  I would type a letter Stateing the Issues , And show any public fileing , Like Type in the court  She is going to Into your search bar . Like Here its  Pierce county superior court , If you can get into the system ,
  If not continue with The letter , Go to several atty"s and talk to them , And give them the letter < I have found that when you go to an atty the best thing is to have the facts in order in writing , Give some space for writing your own notes and make several copies ,
   Now Here's what My very cool atty's aid has done for me on similar issue's , But not directly with my son ,
  Atty's have a subsription to the LINX  Legal Information Network Exchange , Here In Pierce county , A cool atty will enter the site , IF This is in the jurusdiction he works in , And tell you what the charges are , They are public info , Now actually accessing the info may be private < But I can go to Pierce county web site , And see if some one has charges and what the charges are , NOT the info behind the charges  ,But the Charges and titles to papers and testimony ,
 SOOO A cool atty will make no Big bones of Entering the site and checking , It will take like Five minutes ,
 Now you will know you have a cool atty ,
 An Uncoool atty will Just say a bunch of crap about this and that , And tell you what the fee's are , And tell some embellished story ,
 But a cool atty will want to see the facts of the charges and get to the point pronto ,
  Then the atty should tell you what to do , And It's not always Go to court , And probably won't be to do much untill the verdict is in, Because there are soo many variables such as plea bargains etc , Deffered prosecution , Bla bla , But I would say  A cool atty should tell you wether these are issues the court looks at when determining the Best Interest of the child , And if it's something like producing Metha amphetamine , And That Is a health risk , Then I would say hands down You have a good chance of getting the kids ,  I know there are things the court looks at when dealing with custody , I would ask if Her issues fit into that ,
  And thats it , I don't think the court will change custody if she was shoplifting , But thats why I say get the facts in order and ask several atty's and look at atty selection on this site ,
And I have found the worst atty I ever had was the one that charged  100$ for consultation , In other words there are many good atty's that will talk to you for free consultation , And they very well could be good atty's . My advice on atty's . They should be getting to the facts and tell you simply , This is ,or is not an issue , And there is some grey area , and they could even say , Well if the Judge see's this as A detriment to the well being of the child or like this could interfere with the normal developement of the child , Then those are issues to bring to court , And talking depositons and etc is sometimes part of the money churn at the atty's office , , I see  Your case as this , She is in trouble for something that will effect her ability to parent , Or its not , And an atty should tell you that , And last but not least , Wether the Judge Would probably see you as  the better parent !
 Of course this is my opinion , And I have been through the process , I am not of the belief that the court is wacky or way out there , It's been My expierience that In a basic way . The court is OK . But remmember I said " In A basic way "