Can a father do something about mother giving away custody of there child?

: Can a father do something about mother giving away custody of there child?
Ok I am asking this question for a friend. The mother and father are still legally married but the father is in jail. The mother has a live in b/f and another child now. She has abandoned the daughter of the child and is planning on giving custody away to her estranged husbands parents whom are not fit to be raising the child. Can the father do anything? They are still married and he is due to get out of jail in about a year.

Answers and Views:

Answer by Jesse B
I would advise he consult a lawyer but it doesn’t look he’ll be able to do much until he is out of jail and physically able to take care of the children. Nonetheless seek legal counsel.

Lesson learnt: Don’t do stupid sh* t and get locked up because you do not only affect yourself, but your children.

Answer by 23rd SW Ark. Militia
Not til he gets out. He coul dhave his parents sue for custody.

Answer by mnwomen
Sure he can fight for custody but who is going to take care of the child for the next year? Probably his parents or the state.

Answer by Mom2Max
He is in jail. I doubt he is really ‘fit’ to parent either.

Answer by Howard L
The mother can’t “give” legal custody of the child to anyone, anywhere, without a court hearing. If they are unfit parents the court would likely put the child in a foster home and then up for adoption. The father can object to any of this. In many states he might have lost his civil rights because of his incarceration but his parental rights can only be removed by a court.

Answer by Mutt
Who is the “estranged husband”? Is it the father that is in prison? And is there a reason he doesn’t want his parents to have custody if the mother doesn’t want custody any longer?

He should contact a lawyer about the situation. One things for sure, though: He will not be able to get custody until he is out of prison.