How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34316
Experience:  16 yrs. of experience including family law.
Type Your Family Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I have a husband in prison for beating me 7 days after we

Customer Question

I have a husband in prison for beating me 7 days after we had twins... I have three children with him, I want sole custody and to move to another state
JA: How old is the child? Is there an immediate and ongoing danger of abuse?
Customer: 1 year old twins and a two year old boy, my husband is very dangerous and manipulative.. He is in prison and will be for a few years at least but he still has people harassing me horribly
JA: Because family law varies from state to state, can you tell me what state this is in?
Customer: mo
JA: Anything else you want the lawyer to know before I connect you?
Customer: no ok
Submitted: 8 months ago.
Category: Family Law
Expert:  P. Simmons replied 8 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 8 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 8 months ago.
Is sole custody and relocation a possibility while he is incarcerated?
Customer: replied 8 months ago.
I cannot talk right now..
Expert:  P. Simmons replied 8 months ago.

Thank you
Can you tell me, are you contemplating divorce? If so have you filed?

Customer: replied 8 months ago.
I have not filed yet but plan on it
Customer: replied 8 months ago.
His trial just ended
Expert:  P. Simmons replied 8 months ago.

If the goal is to obtain custody? You MUST go through the court. And to convince the court to order a division of custody? You will need to file for divorce. THe court will not issue a custody order unless or until you file for divorce.

Once you file, the court will issue a temporary custody order. Based on what you are describing, I would expect you to get primary custody...and if you need to relocate I would expect the court to approve that.

But you will need to have a lawyer help you to file...

The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Related Family Law Questions