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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2183
Experience:  Practicing Attorney with 10 years experience
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Ex parte motion to get my 2 minor children to

Customer Question

***** *****, ex parte motion to get my 2 minor children to Florida from Nevada since my ex husband was scentenced to prison
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure My ex husband and I share joint custody of our 5 and 6 year old. He filed for full custody but was not at the hearing due to being in jail at the time. I moved to Florida in October with his consent and full understanding. He even helped me with my plane ticket. Now his mother whom has power of attorney is trying to claim I abandoned my children and I don't know what I can do to have the boys with me. They are living with my ex's brother and wife because I did not want them to be going back and forward during this whole process
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:  Asad Rahman replied 1 year ago.
You can file for sole custody. Courts generally do defer to the biological mother but your leaving without the children initially could be used against you.
Customer: replied 1 year ago.
My ex was aware so there is no abandonement there. There is proof him and his parents paid for my plane ticket. His mother has power of attorney and wants to fight me on the joint custody that me and my ex have.... Can she and what should I do
Expert:  Asad Rahman replied 1 year ago.
No I think if the bio Dad is consenting then she has a pretty weak claim but you do need to be prepared to respond about that issue.
Customer: replied 1 year ago.
He is consenting to his brother and wife to adopt the boys and not consenting to me having the boys with me
Expert:  Asad Rahman replied 1 year ago.
I see. In that case though it is almost as though they set you up.
Customer: replied 1 year ago.
So what should I do.....
Expert:  Asad Rahman replied 1 year ago.
Your best route would be to hire a good family law attorney to file for sole custody. I know it can be expensive but this is highly recommended vs. representing yourself. Basically the judge will hear all sides. Like I said the courts have strong preferences towards you as long as you have a reasonable explanation for why you initially left for Florida without them.