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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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A few years back like 7 I think my husband got a divorce

Customer Question

A few years back like 7 I think my husband got a divorce from his wife. And she took initial custody but a few months go by my husband ends up with custody but her mother drew the papers up and gave herself custody of the middle boy by recommendation of of a counselor because because the because the two lier boys were fighting. Well the middle name grandmother keeps keeping us from seeing his son now. We can only come out there he can't come over he can't see his other 3 brothers or his stepsister. My husband pays child support. Well it was supposed to be temporary custody. But we we want him back we have for a long time but she will threaten my husband and he backs off we need help we are financially unable to do an attorney we could pay are monthly fee we just just need just need help now
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 4 months ago.
My husbands x mother in law drew up the divorce papers and had them adjusted to separate my 2 step sons she took temporary custody of the middle boy. My husband has wanted him back for some time now since we have the other two boys with us. How do we get him back since she keeps threatening us every time we bring it up?
Expert:  JD 1992 replied 4 months ago.

If there is a custody order in place you would file a Motion to Modify and then set forth in there everything you want to change.

However, I am assuming they didn't use an attorney in the original case and so he ended up with an order that is causing problems. That is what happens when people try to handle the cases themselves. While there is no reason someone can't do a "vanilla" divorce (no kids, no property) they shouldn't do case involving children or real estate without a lawyer because things like this happen.

He can talk to Legal Aid and see if they can help or he can hire a form service like the one at this link but if there is any way possible he really should hire an attorney. Some of them will allow a payout or the use of a credit card, etc.

This is one of those cases where you can see the other side is going to be a problem and it is likely to require multiple hearings.

However, a motion to modify is the tool to use to get the order changed.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.

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