I just posted something similar.
He does not have custody or never did, right? Only physical custody, after an went missing.
The court can’t really “take” custody away, if he did not have it, IMO nor can they claim he’s a murderer, because he’s innocent. (And we can already assume the nurse is being blamed, imo).
So can perm’ custody be awarded or does the state retain it, until P is tried?
All moo
There was no determination by a court as to the child's custody, prior to this. PF had possession of his child and had automatic parental rights to make decisions about his child's care, education, health, etc., if he was on the birth certificate or otherwise signed a voluntary declaration of patnernity, until he was arrested and the state took the child into protective custody.
In a juvenile dependency case like this kids are taken away from parents/guardians and placed in state custody when there is evidence of abuse or neglect or a situation like this where the parents aren't able to care for the child.
In such a case, the court doesn't technically decide who gets "custody". They used the word in this case but it's not the same as a family law case. Instead, the court decides whether the child remains in state care while the parent takes measures to get back on track (or they decide to return the child to the parent quickly, when able), it decides who the child will live with while the case is pending (foster care or a relative or other person) and ultimately it decides (one year only in CO from what I saw), whether the child will be returned to the parent or freed for adoption.
That's it.
In the case of someone incarcerated for over a year but not yet found guilty, perhaps they could determine that there is no need to keep the case open if the incarcerated parent has made arrangements for the child's care and has asked that a guardianship case be started so that when the dependency court case closes, a third party can be granted custody while he is incarcerated.
I need to see what the state laws are like with regard to that. I mean being in jail obviously means the parent is unable to provide direct care for the child but let's say their kid was in boarding school, had a trust and relatives to care for her on holidays. Does the fact that the parents are incarcerated but not yet found guilty mean that the parental rights are severed after a year?
I don't know. I think in many states jailed parents can retain rights. Even those sentenced to prison.
There are things about the dependency case that interest me. It seems quick decisions were made to remove the baby from grandma and have the state step in.
It will be interesting to see what happens.
