Q: My ex is in jail. His wife is saying that the custody order is still on. Do I have to send them with her if he's gone?
She's saying it's a violation of our custody agreement if I don't let them go to their house for Christmas break. He's not there, he's in jail and has been for 3 months. I don't feel comfortable leaving them there for 3 weeks without their father present.
A:
A judge can consider a person in jail to have voluntarily relinquished their right to possession. Thus, making a person not in violation of a court order.
Please keep in mind what I am saying is general information and is for educational purposes only. You should hire an attorney to assist with your specific situation.
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