Grand Junction, CO asked in Family Law for Colorado

Q: My husband has main custody of his kids and went to jail . What can I do to keep the kids? Mother has visitations

Mother and grandparents have visitation how can I keep them ?

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

A: If your husband is in jail and the mother takes action, it is highly likely the court would give her custody. You don't necessarily have legal rights to the kids. If the other side does nothing, there is an argument that your husband has the right to dictate who the kids are with during his time, even if he is in jail. If the other side fields a motion to modify the orders, there is a decent chance they would win. Why he is in jail also matters. If he is only in for a few days you/he may be able to hang onto the kids.

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