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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 9333
Experience:  Licensed to Practice Law
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Ex wife was arrested yesterday morning for domestic violence

Customer Question

Ex wife was arrested yesterday morning for domestic violence 3 she has primary physical custody of our 2 kids she has been out of work on mental leave for 4 weeks cops gave me the kids she is a dhr investigator here I want to protect my kids and called dhr to ask for help said would be Monday before they can come out I do not want them to go back and feel they are safe here with me and do not know what I need to do and do not have a lot of money feel she will use her job to her advantage please help I am in Alabama
Submitted: 11 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 11 months ago.
Hello and thank you for allowing me the opportunity to assist you.

If I were you, on Monday I would file in the court a request to modify of the current custody order. In order to get a modification, you must show that there is a substantial change in circumstances from when the original order was made. Your ex's arrest for domestic violence should be considered such a change in circumstances. Obviously, you will have the best chance of success if you retain an attorney. However, you do not have to retain an attorney, and many parents are success at representing themselves in court. If you'd like to proceed on your own, then you should review the instructions found HERE, and use the form to file with the court found HERE. I also suggest that you contact Legal Services of Alabama at(NNN) NNN-NNNN as they may be able to help you in court.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 9333
Experience: Licensed to Practice Law
TJ, Esq. and 7 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Ok but suppose to return kids to her this evening they are in my care now and think I make to much for legal aid need a lawyer here in mobile al but make to much for legal aid and getting broke by child support feel she will use her job to her advantage and have already been called by her parents and a co worker wanting to come get the kids man what do I do
Expert:  TJ, Esq. replied 11 months ago.
Hi again.

I would contact the police and Child Protective Services (CPS), and explain the situation. The botXXX XXne is that you can refuse to give the kids back to her tonight, and then her recourse is to go to the police and complain. The police may or may not force you to give her the kids. The ultimate goal of the police is to prevent a possible altercation, so if the police have reason to believe that the mother may become violent with the kids, then the police will not let her have the kids tonight even if the custody order says otherwise. The same goes for CPS. But if there is no immediate threat, then the police may determine that she should have the kids tonight. You can still file for the request to change custody tomorrow and keep that ball rolling.

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