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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3442
Experience:  30 years of experience
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My son lives in Tennessee and his ex wife lives in Maine and

Customer Question

My son lives in Tennessee and his ex wife lives in Maine and CPS is indicating that he should come pick up his kids due to the ex wife's drinking, etc. What rights does he have?
JA: Have you talked to a lawyer yet?
Customer: He did briefly did. They explained that he could get a temporary order and go get his kids. CPS in Maine is waiting for the police to decide if they will proceed with the case against the ex as she was recently arrested for DUI with the kids in the car which she got off. But now she is possibly in violation with her probation from drinking. Her sister is being a witness if this procees
JA: Anything else you want the lawyer to know before I connect you?
Customer: how much does this cost?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: Will I be locked into a high price? I'm just trying to help my son who is in the Army and he deserves a break.
Submitted: 2 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 2 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 2 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If there is currently no custody order in place your son can pick up his children without obtaining one. BUT it is more advisable for him to obtain an Emergency Custody Order from Maine. If the MAINE CPS feels that the mother is a danger they can take custody of the children and place them into the system. Then it becomes complicated.

So he would be better off getting the children now. Especially if CPS will write a report that the judge will review.

Here is the law on obtaining an Emergency Custody Order:

http://www.mainelegislature.org/legis/statutes/22/title22sec810.html

http://legislature.maine.gov/statutes/19-A/title19-Asec1748.html

Once your son has Custody he can file for permanent Custody in Tennessee. BUT he must make sure the Maine Court states in the Order that it is relinquishing jurisdiction to Tennessee.

This link can help you find a Family Law Attorney in Maine:

http://lawyers.findlaw.com/lawyer/practicestate/family-law/maine

This organization provides low cost/no cost legal assistance:

http://ptla.org/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald