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CUSTODY OF SON

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WHAT TO DO

Guest
MY HUSBAND'S SON JUST CAME TO LIVE WITH US THIS PAST JUNE. HIS MOTHER WAS CHARGED WITH DUI AND CHILD ENDANGERMENT (2ND CHILD ENDANGERMENT) HE AND HIS SISTER (BY ANOTHER MAN) WERE GOING TO BE TAKEN AWAY BY DSS WHICH IS WHY HE CAME TO LIVE WITH US. SINCE THEN SHE HAS BEEN IN JAIL AGAIN, AND HIS SISTER HAS BEEN GIVEN TO HIS MOTHERS SISTER TO BE THE GUARDIAN. (THIS TIME IT WAS FOR HAVING POSESSION OF DRUGS) THE DIVORCE PAPERS SAY THAT HIS MOTHER IS PRIMARY PARENT AND MY HUSBAND IS SECONDARY PARENT. SINCE SHE HAS LOST CUSTODY OF HER DAUGHTER DOES THIS AUTOMATICALLY CHANGE AS MY HUSBAND TO BE PRIMARY PARENT OR DO WE HAVE TO GO TO COURT DUE TO CHANGE IN CIRCUMSTANCES AND GET THE PAPERS CHANGED? CAN SHE JUST COME AND GET HIM WHEN SHE FEELS LIKE IT? WHAT RIGHTS TO WE HAVE SINCE HIS MOTHER CANNOT KEEP HERSELF OUT OF TROUBLE? WE LIVE IN ANOTHER STATE FROM HER. PLEASE HELP
 


T

Tracey

Guest
Go back to court just ot be sure. You should have a good case, since he's lived with you for almost a year. You may be able to petition for custody in your state -- check with a custody laywer about jurisdiction. Subpoena the DSS caseworker to testify about how unfit she is.

Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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