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.
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