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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37815
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband has full custody of my stepson ehom ive rasied

Customer Question

my husband has full custody of my stepson ehom ive rasied since he was 1 the mother has visitation every other weekend but my husband has to go to jail for two moonths i need to find oout how to keep my son i also have a 5 year old with my husband
JA: Thanks. Can you give me any more details about your issue?
Customer: She has ever other weekend visitation he will be in jail 2 months and i have rasied my stepson 9 years with my youngest son i need to find out how to keep him with me and allow him to be with mother for visitation
JA: OK got it. Last thing — Family Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The fact that your husband has to do 2 months in jail will not eliminate his legal custody of your step-son. The mother can't possibly file a motion to modify support and have the motion heard before your husband will be out of jail---making the motion moot.

Just don't tell your husband's ex that he is going to jail and when she comes to pick up your step-son for visitation, just have him ready to go. You keeping him with you will not be a problem. After all, 2 months in jail isn't enough jail time to have the court change custody, and your step-son needs to still go to school. I just don't see any kind of a problem for you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Customer: replied 1 year ago.
My concern is my husband has sole physical custody and joint legal custody and in are parenting plan the mother has stated that i am not to have communication with her in regards ***** ***** son only his father and his fathers immediate family the pick ups are 530 at are home and drop offs at 430 on sunday every other weekend i have provided the daily care for my son for 9 years my concern is the mother will not return my son if his father is not present which she has done in the past and i have had to retrive him from school the following day
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I think that you are probably concerned over something that you have no control over. Only your husband can seek court help if his ex doesn't bring the child back.

If you are supposed to communicate with the witch, then don't communicate with her. If she fails to return your child, then your husband will have to file a motion for contempt when he gets out of jail---or make arrangements to get a court hearing before he goes to jail and get a court order that you can care for the child in his absence.

Please consider the call I offered. It is a lot less than the money you offered for the other question (which I closed as a duplicate of this one) and I can answer all the questions that you have.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Customer: replied 1 year ago.
Would my husband be able to appoint me guardianship temporarly untill he is out of jail or power of attorney i have a notirized paper stating i can act on my sons behalf in regards ***** ***** and medical issues in case of his fathers absence becasue i am the one who does all that and my son has ADHD and i am the one who takes him to the doctor regularly for this
Expert:  LawTalk replied 1 year ago.

Hi,

You asked: Would my husband be able to appoint me guardianship temporarly untill he is out of jail or power of attorney i have a notirized paper stating i can act on my sons behalf in regards ***** ***** and medical issues in case of his fathers absence becasue i am the one who does all that and my son has ADHD and i am the one who takes him to the doctor regularly for this

No, that will not work. Your POA gives you no rights as regards ***** *****

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 year ago.
what would my husband need to file in court to allow me to care for my son in his absence
Expert:  LawTalk replied 1 year ago.

He would need to file a Request For Order/Motion for Modification in the local Family Law Court and seek to get a the judge to allow you to maintain custody for the very short time that he will be in jail.

Customer: replied 1 year ago.
typically how long does this take he was suppoused to be allowed to do home arrest and i was just notified yesterday that he would not be allowed to do so
Expert:  LawTalk replied 1 year ago.

It can take two to 3 months to get to court.

Expert:  LawTalk replied 1 year ago.

Do you and additional questions?

Doug

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