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
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.
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.