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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27639
Experience:  Attorney with experience in family law.
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My ex husband took my sons phone while I was in the hospital

Customer Question

My ex husband took my sons phone while I was in the hospital having surgery. My cell phone is poi all of the time and the kids know my password. Someone asked my son to get them pot and my husband scheduled an emergency hearing next week to take my kids awAy from me . Can this happen through a text message?
JA: Has anything been filed in court yet?
Customer: Yes
JA: Have you talked to a lawyer yet?
Customer: Ni
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 4 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Just the fact that your son got a text asking him to get pot probably isn't enough to take the children away from you. For your husband to succeed, he would need some evidence that you're giving drugs to the children, helping them get drugs, supporting your son's drug use, using drugs in front of your son, or something like that. The text you've described doesn't prove that you've done anything wrong. Your ex-husband should be calling the parents of whoever sent that text, not going to court.

The purpose of an emergency order is to rectify an immediate risk to your son's health and safety, and I don't see it here. If you can't care for the kids due to your surgery, that would give him a stronger argument, but that would probably only result in a temporary order.

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