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Van, Retired Judge
Category: Family Law
Satisfied Customers: 75
Experience:  Criminal Court Judge
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My ex husband has been suing me for custody of our 2

Customer Question

My ex husband has been suing me for custody of our 2 children, 5 year old twins. 2 weeks ago he was arrested by the FBI on 30 counts of fraud and 10 counts of money laundering totaling $27M. He tried to hide the fact that he was arrested but it was in the news. He texted me and stated he wanted to switch our summer visitation and move my 2 weeks in August to the last 2 weeks of July. I did not agree to this but I did agree to pick them up immediately since I was very concerned about their safety. I then filed a petition for an emergency change of custody based on his arrest and possible incarceration (he is currently on house arrest). My motion for emergency custody is set for 7/31. He just found out about the motion today and demanded that I return the children to him this Saturday. I told him the hearing is Monday morning and I will return them then if the judge orders me to. Do I have to return my children to him on Saturday?
JA: Who has legal custody? Is there a child custody order in place?
Customer: There is a temporary custody order in place. He has primary custody under that order.
JA: Family law varies by state. What state are you in?
Customer: He is in SC. I am in AL.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The temporary order is in SC
Submitted: 2 months ago.
Category: Family Law
Expert:  Van replied 2 months ago.

Considering that you have a hearing on Monday, I suggest you take the kids back to your husband's house so that you will be in good standing with the current court order. Once you are in court you can argue for a change in the custody agreement. Considering that your ex-husband is currently on house arrest he has limited movement at this time. This may also be a good time for your husband to explain to the kids what is going on in his life and give the kids time to make the adjustment. The court will always consider what is in the best interest of the kids. Maintaining contact with both parents is always in the child's best interest. Please let me know if you have any other questions in this matter.

Expert:  Van replied 2 months ago.

Hi, I'm just following up to see if you were satisfied with my response. Please let me know if there is anything else I can do for you. If you would like to speak on the telephone about this matter feel free to accept my offer for a premium service. If you were satisfied with my response, please rate my service. Have a great day.