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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my son has temp legal & physical custody of his two children

Resolved Question:

my son has temp legal & physical custody of his two children at this moment as his mother with his permission can i take the children out of state
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Does the mother have any custody or visitation rights at the moment?

Customer: replied 6 years ago.

 

she has superivised visitation at this time, he has gone to court 3 times and has not seen the judge, her attorney is not showing up i feel they are taking advange of these two people cause my son is in the army in califorina and they are young. she has been substanuated with the child abuse. my son came home from afgan for 2 week rr when he arrived she had her bags packed and left him with a nasty house the car and the kids, and moved out.

and with the visitation she is not showing up have the time and im here trying to help,this has been going on since dec 21 and there is still no ruling on anything she just started her parenting classes 2 weeks ago and should have started them jan 24

i need real help

Expert:  Roger replied 6 years ago.

Ok. The fact that your son has custody doesn't mean you have any rights over those of the mother. Thus, the mother's rights must be respected, and if she has visitation rights, you must have the child available for any visit - regardless of whether the mother appears for visitation.

 

If your son has asked you to keep the child temporarily, or to take the child out of state temporarily, it is fine for you to do so, but you will need to respect any visitation or custody rights she has. If you don't it could result in contempt charges being filed for failing to abide by the order. Also, it could give the ex grounds to seek a modification of custody and visitation if the father isn't actually maintaining custody. Thus, it's not a really good idea that you keep the child for your son any longer than necessary.

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Expert:  Roger replied 6 years ago.

Ok. The fact that your son has custody doesn't mean you have any rights over those of the mother. Thus, the mother's rights must be respected, and if she has visitation rights, you must have the child available for any visit - regardless of whether the mother appears for visitation.

 

If your son has asked you to keep the child temporarily, or to take the child out of state temporarily, it is fine for you to do so, but you will need to respect any visitation or custody rights she has. If you don't it could result in contempt charges being filed for failing to abide by the order. Also, it could give the ex grounds to seek a modification of custody and visitation if the father isn't actually maintaining custody. Thus, it's not a really good idea that you keep the child for your son any longer than necessary.