How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Meigs Your Own Question

Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
22589080
Type Your Family Law Question Here...
Meigs is online now
A new question is answered every 9 seconds

My sister left an abusive marriage in Alabama and moved to

Resolved Question:

My sister left an abusive marriage in Alabama and moved to AZ. She has 2 minor children ages 12 and 13. She is not officially divorced as she cannot afford it. She has serious health issues and is 120 days sober from an alcohol addiction. She needs to be in a sober living environment for a while, but the only one available is in Denver. She would like to leave her children with my husband and I until the end of the school year. They have been through a lot in the past year and do not want to change schools again or go to their father in AL. Is this legal and what documents do we need to have before she leaves?
Submitted: 1 year ago.
Category: Family Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, how are you today?

meigs004 :

So you are wanting to basically take temporary custody of the children while she enters a rehab?

meigs004 :

I am sorry to hear about your sisters situation.

meigs004 :

Ok. Here is the problem you are going to run into. The documents that you draft, no matter your intention or her situation may be contested on the basis that she is still married to the father of the children, and there in AZ, subsequently CO, without his consent. Otherwise, you could seek to effectuate certain documents that would allow you to make medical decisions for the children, and to enter them into school etc. In order to do such, you could draft a power of attorney vesting custodial rights in you temporarily, that a school or medical professional would recognize.

Customer: Pretty much. She has no money. No job. Lost her house and car. She would be able to be in a home with others who have come through the addiction process and have acces to public transportation and a job. It is hopefully, temporary. She has not told her husband the plan but he never asks about the kids anyway.
meigs004 :

I understand.

meigs004 :

So to answer your question, in short, she could try and draft documents to provide you what would essentially be temporary custody, and vest in you decision making power with regard to schooling and medical decisions, however, the documents could fail on their face, because the father is still the father, and they are still married.

meigs004 :

Does that answer your question?

Customer: Do the chi
Customer: Do the children have a say in the matter?
meigs004 :

Unfortunately, the only time they would have a say in the matter were to be in a divorce proceeding, otherwise, those type of decisions are up to the parents.

Customer: Okay, if he pays no child support and has no issue with it because we would be paying their expenses then it wouldn't be an issue.
meigs004 :

The only way that he would be liable for child support is if a divorce action is sought, but they may be an incentive for him to go through with an uncontested divorce.

Customer: Thank you.
meigs004 :

You are welcome, does that answer your question?

Customer: Yes.
meigs004 :

Please provide a positive rating prior to leaving if it does.

meigs004 :

Great, please do not forget to provide a positive rating prior to you exiting the chat, and good luck to you, your sister, and the children!

Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience: I am well equipped to handle any family law problem you might have.
Meigs and 6 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions