Q: My husband who just got out of jail filed first what do I do?
he just got out of jail for a dv and trespass and there is no custody arragements made as of yet but I don't want him to keep the kids I am afraid of what he will do. He might leave the state.
A: If there is no custody order in place you are not required to let him see the children. This will likely change via permanent or temporary custody determinations if either a divorce is filed or a custody/visitation motion is filed. While you are required to comply with a court order, without a court order you are not required to allow contact or visitation. If he appears, you mandatory restraining order via the DV should prevent him from contacting you directly. See a family law attorney for details.
A: I am presuming he served you with divorce papers. If so, your response is due within 21 days of service. You really need to consult with a family law attorney as soon as possible, as there are many things to go over tied into a divorce. In terms of him being able to leave the state, he cannot just do so at this point in time and will be in trouble with the court if he does. As set forth in the paperwork you should have been served with, there is a mandatory statutory injunction in place which prohibits either party from taking the children out of state while the case is pending, unless there is a court order or an agreement to do so. If you have the kids and there are no orders in place you should not let him take them with him unless there is a negotiated agreement, even if just temporary, filed with and adopted by the court. Presuming you are the victim of the DV you really shouldn't even have any in person contact with him. Again, you should consult with a lawyer.
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