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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22581
Experience:  General practice of law with emphasis in family law.
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my wife and I are getting a divorce. This is a long story short

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my wife and I are getting a divorce. This is a long story short but it went down in the last month. She is a corrections officer at a jail and she had a affair on me with a inmate. This inmate just got out of doc after 12 years. when the inmate was in our county jail he had charges brought upon him for knowing trying to infect another corrections officer with hep C. So he gets out of jail and now hes staying at my house with guns and both my sons. So what I'm asking is there anyway or what steps do i need to make so I can move out of the state of missouri and bring my Boys with out getting in trouble or going to jail
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

So at this stage in your divorce, is there a custody Order - and does she have custody?

Also who's guns are they?

Is he on parole or probation?
Customer: replied 1 year ago.

He is on bond right now the gun is a ar15 and there is no custody order i watch the boys on the weekend and her on the weekdays. i have call or tryed talking to her about coming over and talking about the divorce all she says is you know my hours at work and you can have the boys when you want. But i want to be able to leave the state so i have family that can help with the boys because they dont need to be around an inmate or anyone with Hep C

Expert:  Samuel II replied 1 year ago.
Hello

Thank you

If you want to get your sons away from that environment, then I suggest you go get them as if you were going to have a visit.

Then go to court and file for custody - tell the clerk you want an emergency hearing so you can get a temporary custody order.

You do not have to return the children unless she has an order, but when you get one before her, then she will have to appear at a hearing to show cause as to why her environment is not a danger to the children.

If you want to leave the state, you need to show the court why that will be in the children's best interest.

The court always rules in the childs best interest as a standard.

But at this time, I suggest, you begin with the temp custody to get them out of the house and then I suggest you can also report the gun in the home as unregistered with a felon
Customer: replied 1 year ago.

Thats whats stoping me right now at the point in time if i go put a no contact order on her and i get the boys i have No one here to help me out with the boys because i half to be at work at 330 am and dont get off work tell 1 pm and right now its 7 days a week. so i will need to be able to leave the state as soon as its done.

Expert:  Samuel II replied 1 year ago.
Hello

You dont need a no contact order

Just the temp court custody order.

And you can be prepared to show the court how you will provide better out of state and why.

You can get a no contact against the inmate she is living with and that will get him out of the home
Customer: replied 1 year ago.

Ok this is the last question will they serve her at work and will it put her job on the line because of the ethics what she did. because she will not admit to it but the boys keep telling me he is coming over and staying. even tho they are 7 and 8 can that be proof

Expert:  Samuel II replied 1 year ago.
Hello

At the age of 7 and 8,, it will be up to the Judge to determine if they are old enough to give witness. And the Judge would take them in Chambers upon your request to hear them

That way there is no intimidation to them.

You can request they not serve her at work, and I cannot say if it would affect her employment because of the policies that may be in place that I am not privy to.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22581
Experience: General practice of law with emphasis in family law.
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Samuel II
Samuel II
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General practice of law with emphasis in family law.