parental rights while in jail?

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parental rights while in jail?

My boyfriend was arrest for physically assualting me. His mother had our daughter. After he was arrested I went to get our daughter from her and she was no where to be found. She was not answering her home phone or her cell phone. I found out that she had to go work and that my boyfriends sister was going to have her. I went to her house and she said she didn’t know anything about it and pretending to call her mom for me. She also stated that even if she did have her, she would not give her to me. Matter of fact….she did have her! Is there any criminal charges I can file against them

Asked on May 17, 2009 under Criminal Law, Iowa

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am not an Iowa attorney.  You should talk to a lawyer in your area whose practice includes family and child custody cases. One place that you can look for the attorney you need is our website, http://attorneypages.com

Some quick internet research suggests to me that, as the single mother of the child, you have legal custody.  Anyone interfering with your custody is guilty of a felony.  However, you need to know that the Department of Human Services must be notified and have a representative present before the police go to arrest someone for this.  I don't know whether it makes more sense for you to talk to Human Services first yourself, or go straight to the police, so I think the lawyer's office should be your first call.  There may be a resource center in your area, for women who are victims of domestic violence like yourself, and that might also be a good source of information.


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