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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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This is complicated. My daughter and her husband have five

Customer Question

This is complicated. My daughter and her husband have five children they are raising one is his five year old he has custody of, she has three from a previous marriage 5 and twins that are three. They have a one year old together . It is a long story on how XPS was called. Was called on husband for smacking her five year old. Husband removed from home. Ex husband raise stink tells a bunch of lies says mom abuses kids too. She does not but kids say mom does spank them and does wash their mouth out with soap so they say that is abuse and remove all five kids put two with me and three with their dad in next state over without checking home out anything their dad beat my daughter, punched holes in the wall and has only been back in kids life about six month. He is thousands of dollars behind in child support and was just in court three weeks ago saying he was unemployed and did not have a way to pay it. But because he has never been caught and does not have a record. Kids went to him. Can I file for emergency custody
Submitted: 8 months ago.
Category: Legal
Expert:  LawTalk replied 8 months ago.

Good evening Michelle,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades and I handle family law matters.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge of just $5 more I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What factual basis is there to take your children from the father after XPS placed the children with him?

2. Emergency custody requests require a showing of imminent harm, abuse or neglect of the children. What facts do you have to show that so far?

3. Is your daughter residing with you, by chance?

4. Did the grandchildren from your daughter's first marriage see their father between the divorce and the recent placement?

Thanks in advance,


Customer: replied 8 months ago.
From ur line of questioning it looks like I cannot file for immediate custody because it is based on my experience with ex and nothing has happened yet??
Expert:  LawTalk replied 8 months ago.

Good evening,

Well I don't know yet---which was why I asked for information. There is more than just emergency custody that is a possibility. Do you want to discuss these issues or not?


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