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My wife who we have been separated since March and living in…

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My wife who we...

My wife who we have been separated since March and living in separate houses and legally has primary but not sole custody got kicked out of her place and is living with me which means I have the kids full time too. Now she has just been arrested and charged with a dui, child endangerment and possession of illegal drugs. Now she is in jail for a few cause myself nor her mother will bail her out but I want to know what I need to do to switch custody to myself full time and make it so she can't have visitation except under supervision and how to get what I am paying in child support removed.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok thank you

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Idaho

Lawyer's Assistant: Have you talked to a lawyer yet?

I was trying to and have a number from a friend but I have tried 4 and they are all closed and I wanted to get some advice before she gets released if for some chance she does get released this weekend

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think there is anything else. I have possession of her car and keys as I am also on that car but I don't want her driving with my girls either so I don't know if she asks for the keys or the kids if I would be obligated to give them to her if she asked for them as she is primary.

Submitted: 5 months ago.Category: Family Law
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Answered in 8 hours by:
11/18/2017
Family Lawyer: Sue, Family Law Attorney replied 5 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 387
Experience: Family Law litigator for over 35 years
Verified

Hello, welcome to the site. I’m here to help you today. I am a licensed attorney with over 35 years’ experience in family law. I’d like to review your question and perhaps do some research for a few minutes, type your answer and then I’ll be right back.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 5 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

You can prepare a motion to modify custody, visitation and child support with an ex parte motion to shorten the time for hearing. You may also have a substantive ex parte motion form available, depending on your jurisdiction.

If you want to send me your city and county, I can look to see if yours is one of the jurisdictions that offers those forms on line, or has a self-help center at the court house.

Given your brief statement, you are justified in not giving her the car keys back and refusing any contact until the court can issue a new order. If you do, you could be seen by authorities as enabling her, and you can tell her that. This is a child endangerment question more than a custody question at this point, and it sounds like you and your wife's mother are able to be protective of the children.

Another quick intervention you may want to consider is applying for a protective order on behalf of your children. In most jurisdictions you can get a temporary protective order the day you request it. If you're in a busy jurisdiction, you might even be able to get a temporary protective order during the weekend.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 5 months ago

Is there anything else I can do to assist you?

Sue

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Sue
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 387
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Experience: Family Law litigator for over 35 years

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