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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110556
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife is on probation for a DUI with child from years ago.

Customer Question

My wife is on probation for a DUI with child from years ago. She picked up another charge here about 4 months ago for a DV that she did not report. Her ex is refusing to send the kids back to her even though in their court order it is her time to have them. She is worried that he can call her PO to get her in trouble and get the kids taken away from her again. Problem is, if she doesn't go get the kids, then he will file for Full custody of the kids and say she abandoned them.
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

She is right to be worried, because she was supposed to report he DV case to her probation officer. In most cases unless the DV occurred in front of the children, the courts will not take the children from her unless she is jailed for the DV charges or for a probation violation. She needs to come clean with the PO I am afraid and take the ex's leverage away from him and she needs to continue pursuing to see her kids. If the ex would not give her the children as the court order states the she needs to file a motion for an order to show cause for contempt against him to show she does have an interest in seeing the children and is fighting to get them and not abandoning them.

She is going to have to face the DV issue with the PO I am afraid if she wants to avoid the ex claiming abandonment and seeking full custody.

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