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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3459
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My daughters husband was recently released from a military

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My daughters husband was recently released from a military prison for possession of child pornography . He stayed in her home for a short time but is now out. Does she have to let him see their kids before the divorce goes through and custody is established ? He has threatened to take them and not give them back . We are in Missouri . He New Attorney says she has to answer the door for him . Is that true ? His name isn't on the lease . What if he over powered her and took the babies ? Can she legally keep them away from him till courts determine custody ?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

Customer:

Hello

SoloLawyer :

If there is no custody order, she has the absolute right to have the children with her, just as he does. However, if she is the one with custody, she does not have to "give up" custody. She can keep them until the Judge makes the order - and this is probably smart anyway considering his past.

Customer:

Right now neither of them have custody but they are in her care

SoloLawyer :

Custody has been given to someone else?

Customer:

No they are still married

SoloLawyer :

Yes, that means that they both have custody at this ponit.

Customer:

He filed for divorce online and she saw an attorney for the first time today

SoloLawyer :

She does not have to allow him to see the children.

Customer:

Thank you so much that makes me so happy

Customer:

does this work in Missouri?

SoloLawyer :

I'm unsure what you mean.

Customer:

this law ? about her not having to let him have the kids .

Customer:

until court

SoloLawyer :

It's not a law. It's a general principle. For instance, when two people are married, one person can take the children on vacation without the other parent's consent. Each parent has the absolute right to make decisions for the child.

Customer:

you have helped so much . She was ready to let him come over tonight . She thought she had to

SoloLawyer :

She does not.

Customer:

May I ask another question?

SoloLawyer :

Yes.

Customer:

Her lawyer said her husbands record of possession of child porn may not help her get custody since its a military charge is that correct ? If she has all the paperwork

Customer:

he is supposed to register as a sex offender but has not

SoloLawyer :

It would really be up the particular Judge. If I were the Judge, I would certainly consider it. It speaks to his fitness as a parent of a minor.

Customer:

I am sorry I am having a hard time reading your reply it shifts too quickly on my pc

SoloLawyer :

It would really be up the particular Judge. If I were the Judge, I would certainly consider it. It speaks to his fitness as a parent of a minor.

Customer:

You have answered all my questions . Am I able to save this conversation so she can read it?

SoloLawyer :

You'll have to left click with the mouse, copy it, and paste to a word document.

Customer:

Thank you you have been very helpful and I really appreciate it .

Michael J, Esq. and 5 other Family Law Specialists are ready to help you

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