Asked in Family Law for Mississippi

Q: What are my legal rights in this situation?

My husband is out on bond due to manslaughter charges for killing his brother. However he is living with this sister in law, has taken the kids from me, does not always want me to talk to them on the phone and is insisting I have to come to Mississippi to see the children under his supervision. I moved to Louisiana with the two children after the incident to receive counseling for witnessing the incident. I do not feel safe being around him now especially with me being the main witness to the case. He says he wants a divorce but has lied twice about filing. I feel my children are not in a safe place due to the situation of living with their dad at the brother he killed house with the wife of his brother. I would think it would be mentally and emotionally hurting the children. What are my legal rights as a mother? How can I get custody in Mississippi since I have not lived in Louisiana to meet residency requirements? Can he withhold the children from me There are no legal papers in this

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1 Lawyer Answer
Arthur Calderon
PREMIUM
Answered

A: As a mother, you have equal rights to the children until such time as you are divorced. Neither you nor he can withhold the children from the other, unless there is an imminent threat to the children, and you have a judge sign off on a temporary custody arrangement until you are divorced.

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