Can Father in Prison Grant Temporary Custody?

[seekinghelpny]

What is the name of your state (only U.S. law)? New York
My 32 year old neice died several days ago. She has a 9 year old physically handicapped child. Her father is in prison until 2017. My neice and the father were not married. The father wasn't involved with his daughter until recently he started sending letters during the past six months. I'm concerned that my neice's daughter needs medical attention so I would like to obtain temporary custody until permanent arrangements can be made. I went to court to find out the process to obtain temporary custody. I was told I would need to file a petition that gets served against the father in prison. I'm not looking to blind side the father. I'm thinking that he could sign a letter granting me temporary custody. Is that possible? If he is willing to do it, can he sign a correctly worded and certified letter granting me temporary custody? I'm concerned that there is no other family member besides the father in prison that is authorized to make medical decisions for her.

 

[LdiJ]

What is the name of your state (only U.S. law)? New York
My 32 year old neice died several days ago. She has a 9 year old physically handicapped child. Her father is in prison until 2017. My neice and the father were not married. The father wasn't involved with his daughter until recently he started sending letters during the past six months. I'm concerned that my neice's daughter needs medical attention so I would like to obtain temporary custody until permanent arrangements can be made. I went to court to find out the process to obtain temporary custody. I was told I would need to file a petition that gets served against the father in prison. I'm not looking to blind side the father. I'm thinking that he could sign a letter granting me temporary custody. Is that possible? If he is willing to do it, can he sign a correctly worded and certified letter granting me temporary custody? I'm concerned that there is no other family member besides the father in prison that is authorized to make medical decisions for her.

If you don't want to blindside dad, then by all means find a way to let him know what you are doing, however don't wait for a letter from him to file for temporary custody. Its not as if he has any option to take custody himself...or would be given any deference from the courts regarding who should take custody. He has never been part of the child's life other than some letters in the last six months.

 

[BL]

Who is physically taking care of the child now ?

You would want to file for temporary " guardianship " . A Judge should be able to talk to you the same day you file .

Good luck.

See if the court has a family advocate office / or person that can help with the petitions , etc.

FYI , I know of a case where one parent is in prison , and the other voluntarily signed over temp. guardianship to a grandparent , the same day . The parent in prison really wasn't consulted .

Perhaps the father would willingly agree , if not the court may grant your request anyways .

If CPS has the child in their custody ,that's another ballgame .