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Do we need a lawyer to get emergancy custody of my husband's son?

Saint Louis, MO |

we found out from her mother that she does meth, and does it in front of the children (the two oldest have seen it) and her husband also beats on her in front of the kids. her mother has been to the house and says that it is a totally unsafe environment. Is there anyway we can get temporary custody or will we need to go to court? We do not have a lot of money to go to court but will if we can get him out of that enviroment.

Attorney Answers 3

Posted

I do not practice family law but the obvious answer is yes to confirm and present your rights.

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Posted

1. You will need a lawyer to get temporary custody ----- it is not at all clear from your question what custody (joint ?)/visitation rights, your husband has. Emergency/temporary orders are available as are actions by police and CPS.
2. If the environment is totally unsafe, then some one with first hand knowledge (whoever is giving you this information) should call the police and get them involved. Children likely will be removed and if you work with authorities and are cleared for a safe home, you likely will be a temp home for child. Home studies could well result in permanent custody.
3. If things are so awful at that residence, why do you just want "temporary custody"? Doesn't the child deserve a decent and loving home?

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1 lawyer agrees

Posted

Whoever has witnessed the abuse should immediately contact either the St. Louis Metropolitan Police Department or the St. Louis County Police Department (depending on whether the minor children lives in the City or the County). Assuming the results of their investigation corroborate the witness, they will likely remove the minor children from the environment and contact and orient suitable family members on the process of temporary placement. If more permanent arrangments need to be made, a conservatorship and/or guardianship estate may need to be filed in the County of residence of the minor children. St. Louis County has available forms online at http://ww5.stlouisco.com/circuitcourt/forms.html. Otherwise, you will need counsel.

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