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 mmdesq Your Own Question

mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 109
Experience:  Attorney with 13 years experience.
Type Your Family Law Question Here...
mmdesq is online now
A new question is answered every 9 seconds

My sister was living with your boyfriend for 13 years and had

Resolved Question:

My sister was living with your boyfriend for 13 years and had three children with him. Recently, things became too intense and my sister left her husband and ended up at a relatives home with her children. She claims that he kicked her out and he claims that she left. She was taken to the hospital for having a nervous breakdown days later by her boyfriend. He is now in a thought that he no longer wants to be with my sister (on and off) and that he will fight for custody of their children. He is an illegal immigrant and has a criminal record. He tells the family that his criminal record has cleared just some time ago. My sister does not have a job and now has this stay at the mental illness center on her as well. We, the family, would like to know how we can protect the children in case this gets more complicated. Can the family have custody of the children at one point?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

mmdesq :

Good Morning:

mmdesq :

Grandparents have standing to file for custodial rights independent from your sister. If the children are living with other relatives, aunts, uncles, cousins, etc., they can have rights to file under en loco parentis doctrine. The best current plan of action would be to support mother to address any mental health concerns as she is the best person to oppose Father as the other natural parent. In the mean time MGPs should also file to intervene in the case so they can ask for their own rights and custodial time period. This will be especially important if mother mental health does not improve. I hope this is helpful. Good Luck.

Customer:

But what about his legal status? Do you know if that is a major factor whether he can even think of getting the children?

Customer:

But what about his legal status (criminal and legal status in this country)? Can he actually get the custody of the children even then?

mmdesq :

His criminal status is definitely an important issue. The more severe the criminal allegations the larger the prohibition against future custody rights. The question of his immigration status is very concerning considering that the children can be removed from the state and/or the country. These concerns regarding Father's criminal history and immigration status are absolutely strong factors that should be argued in favor of the stability of maternal family, whether it be grandparents or other maternal relatives.

Customer:

thank you very much.

mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 109
Experience: Attorney with 13 years experience.
mmdesq and 3 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