My husband was awarded temporary custody of our two children and the house , however the Judge was not aware that he had another woman and her 3 children living with him. now he moved out due to forcloser. Before he was granted the above I was going to move back into the house in order to care for our children, but he moved back in first. I had nowhere to live so my parents took me in. I was not informed of the hearing from my Attorney, but appeared for another hearing a week latter that was suppose to be the "hearing" and visitation was set up. I beleive my Attorney did not represent me the right way . What can I do?
Dear JACUSTOMER - You will have to file a motion to change the custody to you. The court bases custody on the best interests of the children and if you can show that the kids would be better living with you rather than your husband and the girlfriend then the court can change the custody. You said this was "temproary" custody so if you are in the process of a divorce it is apparent that no final decision has been made either way. If mediation is not successful then you have to have a custody trial and allow the court to make the final decision. If your attorney is not representing you as you expect then you need to discuss this with your attorney so that you can be better informed of the situation. I can't predict outcomes of court cases but I would assume the court would say that the children are better with you than with your husband and a strange woman and living in another place.
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