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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 845
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My husband currently has a court order where he can get his

Customer Question

My husband currently has a court order where he can get his son during holidays and the summer. Now that summer is coming to an end, he just received a call from his ex wife's uncle informing us that she may go to jail. The uncle advised him that she has no place to stay and has arranged for the child to live with her grandfather. My husband doesn't want to release his son into the grandfather s custody. How can we go about getting physical custody? My husband lives in SC and the court order was issued in VA.
Originally they had shared custody of his son during the divorce process. His ex wife did not like the agreement, so she went to another county in Va and got physical custody without my husband's knowledge and was able to finalize the divorce. Now he doesn't know which county to file for custody in.
Submitted: 10 months ago.
Category: Family Law
Expert:  originallawyer replied 10 months ago.

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Expert:  originallawyer replied 10 months ago.

Hello:

While I'm not entirely sure how she was able to go finalize the divorce in another county with your husband having any knowledge, I know that if she lied enough to the court, it's possible.

That being said, your husband would now need to go to the court that issued the FINAL court order in VA in order to ask for physical custody to be legally given to him.

I do not know that he legally must release the child back into the custody of anybody but the mother, unless the court order specifically names the grandfather as a proxy for the mother. Depending on the length of her possible incarceration, it will likely be worth it to get the decree modified anyway, especially if he is paying child support.

I highly suggest contacting a lawyer in the county where the final order was decided. They will be able to review the divorce decree and give your husband specific insight into what he can or cannot do. Many attorneys offer a free consultation for this purpose.

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