Custody

My fiance is incarcerated, his children reside with his siblings. His brother was granted full custody of 2 of his 3 children. I am curious as to how I can gain custody? Do I have to file against his brother? or can they sign custody over to me and my fiance?

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Submitted 198 days ago...

tomturkey

Brain (2,862)

If you are not the childrens mother than you cannot file for custody of the children. If he is incarcerated he cannot get custody of his children. If his siblings got custody of any of the children there would have to be a reason. The only person who has the legal right to file for custody is the partenal mother and father when he gets out. It would then be up to the court to decide if they want to give custody back to the father or mother. It depends on why they are placed in his siblings care. I do not have enought details to really give you advise. You will need to contact an attorney on what the parents can do.

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