My daughter is going to prison and wants me to take legal custody of my granddaughter. How do we do this? The Father's in prison

Asked over 4 years ago - Memphis, TN

My daughter is going to Federal prison in the next couple of months to serve a 36 month sentence. She wants to transfer full custody of her 3 year old daughter to me, her mother. The child's father is in Federal prison serving a 30 year sentence. How can we go about transferring legal custody of the child so that there will be no problems with custody issues?

Attorney answers (1)

  1. Jill Zerfoss Grim

    Contributor Level 11

    Answered . You can petition the local juvenile court for custody. You can contact a juvenile/family lawyer to help you with this, or court personnel may be able to direct you in submitting a petition and setting a hearing where you and your daughter will appear, and the judge will ask her if she agrees or disagrees with the petition for custody and decide. If custody is transferred to you, your daughter won't automatically get custody back when she gets out of prison - she will have to petition the court for return of custody and show to the court that she can take care of/support her child.

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Legal custody

Legal custody of a child means that a parent has legal authority to make religious, medical, or other significant decisions that affect a child's upbringing.

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