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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7440
Experience:  Experienced Family Law Attorney
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My daughter and her ex husband got divorced. She got custody

Customer Question

My daughter and her ex husband got divorced. She got custody of the kids he is in the military and was going to be home for little while and not deployed so she gave temporary custody of the boys to her ex-husband so they could spend some time together now schools getting ready to start the boys are back with her in Mississippi and he's Requesting that the boys be returned to California where he is what does she need to do
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: My daughter lives in Mississippi and her ex-husband is in California
JA: Have you talked to a lawyer yet?
Customer: Hello?
JA: Hi. How can we be of help?
Customer: My daughter and her ex husband got divorced. She got custody of the kids he is in the military and was going to be home for little while and not deployed so she gave temporary custody of the boys to her ex-husband so they could spend some time together now schools getting ready to start the boys are back with her in Mississippi and he's Requesting that the boys be returned to California where he is what does she need to do
JA: Anything else you think the lawyer should know?
Customer: That's pretty much it
Submitted: 4 months ago.
Category: Family Law
Expert:  LegalGems replied 4 months ago.

What does the custody order state- where are the children supposed to be? Also which state issued the order?

Customer: replied 4 months ago.
The original custody order in MS gave my daughter physical custody. The same Mississippi court gave her ex-husband temporary custody so he could spend time with the kids because he is in the military and was deployed for over year of the kids wife it was always temporary and now the kids are back here in Mississippi and he wants the kids back in California on the temporary order
Expert:  LegalGems replied 4 months ago.

Thank you for that; so if the temporary order expired then there would be no basis for additional time unless the MS court orders it. MS has exclusive and continuing jurisdiction over the case (as the children's home state) so the father would not be able to file in CA. If a temporary order is issued it would need to be complied with, but the courts will look to the best interests of the child, and the father would have the burden of showing that it is in their best interests. One main concern would be their school schedule.

So absent a court order, there is no need to do anything. If he files for an order, she would need to respond and appear, and it is helpful to have a declaration setting forth reasons why the proposed visitation is not in the children's best interests.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
The kids are 4 & 2 and only in Daycare. My daughter did get a credit card in his name while the divorce was going on, he's holding that over her head saying he's going to put her in jail for 3 years. The youngest his legs turn inward and needs to see an orthopedic surgeon and his father said no that he'll grow out of it both boys have seen a dentist where their dad didn't have time to take them because he's in the military and he works from like 730 to 4 and it's an hour drive at least an hour to an hour and a half in California home so the boys don't get home till 530 6 o'clock and they are in bed by seven 7:30 PM so the boys don't get to play they don't get to have any kind of freedom or get to do anything with their father and the youngest one got into a bottle of alcohol he spilled it all over the couch I went and got them from California in May for visitation and the boys shoes have holes in the bottom of them which we still have them they had literally no clothing except for the clothing that I bought them on the doorknob on the door was turned around so he could block it from the outside and lock the boys in the room and we have text messages of a lot of this
Expert:  LegalGems replied 4 months ago.
Oh my. Well that type of information is exactly what the court will want to know. They generally will not award visitation when it is so disruptive and when the very purpose of visitation is not being achieved ( i.e. time with parent). The court may even appoint a counselor to evaluate the children, generally via play therapy, to determine what goes on during visitation. But not providing medical care is a serious issue so that will not be ta***** *****ghtly by the courts. As for the credit card issue that is up to a prosecutor to decide and rarely is jail ordered for a first time offense.
Customer: replied 4 months ago.
She is remarried and just had another baby, and was on bed rest so she couldn't pay back the credit card company, he's holding the over her
Expert:  LegalGems replied 4 months ago.
That is a separate matter. And the court would look at mitigating circumstances if the prosecutor did pursue it.
Expert:  LegalGems replied 4 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!