Asking as a step-mom

[teeemcee]

I'm in Florida.
My husband is currently incarcerated and I have his two young children. He has only been incarcerated for a short time, but we do not know what will happen at his court date. The childrens' mother only gets a minimum of 4 hours supervised visits per week (as per an injunction that he has against her), but she hasn't taken advantage of those visits in close to a year. I am wanting to send the kids to live with their grandparents until their dad is released from prison. They live out of state. Can I legally do that if I have my husband's consent or do I need the mother's consent as well?

 

[xylene]

You need to contact a family law attorney to assist your husband and his children.

Your intentions may be good, but this is going to be very complex and will surely involve the court ruling on the best interests of the children.

 

[Zigner]

Yes, MOM will need to consent. As advised, contact an attorney.

 

[CJane]

Whether or not Mom will need to consent is dependent upon too many factors not mentioned in your post. Foremost among those is whether she was found to be unfit, and that's why visits must be supervised.