Q: My niece and her husband are separated and have 3 children. She currently lives in the home with her mother.
She works and the girls stay with their grandmother. Her husband got the girls for a 10 day visit and now refuses to let her come get them. His family keeps the girls while he works. Every member of his family has a history of drug abuse and felony theft. Is there any way she can get the children back. Neither of them have filed for divorce yet.
A: Maybe. Because they are married he has just as much right to keep the kids as she does. However if drugs are involved you could probably file and ex parte emergency custody alleging the chrildren are in some kind of danger and imminent harm. You can obtain an emergency custody Order that way. Call a lawyer immediately. Good luck!
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