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Can a former kidnapper, and felon, father of a child get custody over the child if the mother is incarcerated for a few days.

Florence, AZ |

The father and mother are still going to court for custody. The baby has been with the mother since birth. The father and mother do not live together, The mother lives with her mother, the baby's grandmother. The father came to pick up the baby for a visit. The mother was involved in an altercation with the girlfriend of the baby's father. The police were called and the baby's mother was arrested. The baby's father took the baby and did not say when he would bring the baby back home. Does the grandmother have any rights?

Attorney Answers 1

Posted

It all depends on where the case is in the process. If the father is the only parent available that parent is likely to be the parent selected to care for the child. The overriding concern for the court though is what is in the best interest of the child. If it is not in the child's best interest to be with the father that fact needs to come to the court's attention.

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