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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112768
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My sisters husband moved out and took their two boys from

Customer Question

My sister's husband moved out and took their two boys from their home and school. They were separated but she allowed him to live at the house (he is homeless but now at his mother's) He is a convicted felon with no job for over 5 years (no stable work history before then) She has stability in a home and work (5 years - same company, 3 years prior to that) She wants her children back in their home and school ASAP. What does she do? She lives in Skagit County, Wa. He took the kids to Whatcom County, Wa
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
She will need to go to court to file the petition for divorce (if one has not been filed) and a motion for temporary custody, which in this case she can likely get heard on an emergency basis since the children were taken from school and have not been returned to school. The court would issue the emergency order and then she could go to the house with the police and they would enforce the order if he will not surrender the children. She would also then notify the school with a copy of the order so they will prevent him from being on the property. Having an attorney for this would make it much easier for her, but most attorneys are going to want at least $2500-$5000 to start. If she cannot afford an attorney she can go to legal aid and also call the state bar and ask them for the pro bono attorneys in the area to assist her.


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Customer: replied 6 years ago.

We need an attorney! Please suggest

Expert:  Law Educator, Esq. replied 6 years ago.
Unfortunately, terms of this service strictly prohibit us from making personal referrals so the best we can suggest to find a local family law attorney are the same sites used by other attorneys, http://www.martindale.com or http://www.findlaw.com. It is going to take some time calling around but express to them the urgent nature of the problem with the children not being allowed to go to school and most times that will help you getting someone to help faster.

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