I filed to change custody from my ex to myself of our one child. my ex is awaiting sentencing for a violent misdemeanor. court is in a couple of days. my ex has not yet responded to the motion. (does that look bad on her part?) I have a feeling she wont show up for the hearing or she might be in jail since her sentencing hearing is the day before our motion hearing.
if in the event that she is in jail, would it be reasonable for me to ask for temp custody of my child until she is released and we can visit the matter again?
if she is not in jail and does not show up, is it reasonable for me to assume she lacks interest and ask for temp custody still?background info: my ex lives with her parents and they would probably keep my son with them if she went to jail. its just that, its not their responsibility, its mine and i want it. he has lived with them for 3 out of the 5 years hes been alive. he is in school, but not kindergarten yet (head start program) and i know for a fact (have his attendance records) that my ex only takes him 42% of the time. i have arrangements to have him enrolled in a preschool program where i live. (2.5 hours away form them) And I have all accommodations here that he will need. bed, clothes, toys, toothbrush, winter gear, etc.
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