Criminal Law Questions? Ask a Criminal Lawyer.
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Welcome to JustAnswer.com
I am sorry to hear about your unfortunate situation.
Can you tell me when was the last time you saw your children?
Did the court ever ordered child custody or visitation?
Did the court award the full custody of the minor children to your husband while you were in jail?
How long have you been in jail and what type of criminal convictions do you have in your past?
Do you have any felony convictions?
How long have you children lived with their father so far?
Do you currently use any illegal drugs and do you have a job and a stable place to live for yourself and your 3 children?
I had to ask you those questions.
Well, the first step in this situation would be for you to consult and retain a local child custody attorney to help you file a Petition with the local court for custody and visitation.
Can you afford local private child custody attorney?
Well, the child custody process can be very complex and difficult, so I would suggest that if you are not able to afford a local child custody attorney, that you do contact your nearest legal aid society and apply for free or low cost legal services to help you with your petition to establish custody and visitation.
It is extremely important for you to get moving in this direction as soon as you can, because the longer you wait on this, the harder it will be for you to obtain primary custody of your children.
The kids are very young
So, the court might order psychological evaluation of the children, but it is unlikely the children will get to speak in court or to the judge directly, since such is permitted generally when the children are 12 and over.
does that make sense?
Also, the children do not get to decide with which parent they get to live, the court makes the decision on what is in the best interest of the minor children
You can try to make an attempt to see your kids, as long as, you do not break any laws or do not do anything illegal.
Do you have any related follow up question?
I wish you the best of luck and hope that you do get the custody of your precious children soon.
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