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My ex is in prison for 25 to life. I have asked for sole legal and physical custody of the children because of his actions that

Twin Falls, ID |

Led him to go to prison. He states that I should not have sole custody of the children because it would be deterimental to the children and the child support has not been established however it was at our divorce. My question is how do I force the issue that he has to turn sole legal and physical custody over to me?

We do have a hearing set up for Feb 26th. He is in prison and can have no contact with children under the age of 18. Our original divorce decree did not give custody to him because of proceedings at the time. He is the father of all 5 children and we were married for 13 years. I am afraid that if he gets out of prison before the children turn 18 it could be harmful to the children because of elements I rather not go into. I am just wondering how to get a court to grant sole custody due to the fact that the best interest of the children would not be having him have any access to them.

Attorney Answers 2

Posted

Do you have a court order granting you sole physical and legal custody? If not, you do need to get into court and ask for sole physical and legal custody of the children given that he is in prison for 25 years to life. I suggest you speak with a local family law attorney to discuss your options. Best of luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

We have a court hearing scheduled for Feb. 26th he is stating that him giving up the sole physical and legal custody would be bad on the kids but he was put in prison for 25 to life for molestation of a child. Which means that if in 5 to 10 years if he got out it would put my children in jeopardy. I am afraid of this fact and so are my 5 kids. Child support should not be a factor in any of this because at our divorce he had been ordered $435/month and the children recieve $28.00 month of which is put in a bank account for them if anything is needed. My question is how do I get the judge to see this point of it would be bad for the kids if I did not have sole custody over them if he did get out of prison. Granted there is still a protection order where he comes nowhere near the children but that would not stop him if he did get out of prison he would still try anyways

Posted

Without knowing the present status of his legal relationship to the children, it is not possible to answer your question. It is one situation if you were married and now divorced, and quite another if not. It may well matter whether his paternity was established and whether any parental rights have been decreed. For the precise advice you need, contact a local experienced family law practitioner.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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