Q: My husband has /sole custody of his daughters, they are currently with their mom... can he legally take them back?
One has been there since Nov 2014 the other 2 have been there since June 2015. Two of them really don’t want to be there, they don’t like the living arrangements. Their mom is always sleeping and their mom and her boyfriend are constantly fighting. He has told his ex that he was going to get the girls and move them back with him since the custody agreement has never been changed and of course she threatens him saying she will file abandonment on him even though he talks to them all the time and he see’s them as much as he can
A: How long have his daughters been with their mother? If for an extended period of time, she might file a motion with the court seeking to change the custodial arrangement. The court order or Judgment grants him sole custody, so there's no reason why they should not be with him, absent my caveat.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.