mother going to prison

[Tinaa]

What is the name of your state? Tx

My husband's ex has been sentenced to one year in state jail for drug poss. She still has other charges in other counties to stand trial for. The children (15 and 17) were staying with their grandparents to be near their mother until sentence was passed. The children are now coming to live here. Where does my husband have to file for custody? Does he have to file in the county were the first order was filed or can he file where we live?

 

[LdiJ]

What is the name of your state? Tx

My husband's ex has been sentenced to one year in state jail for drug poss. She still has other charges in other counties to stand trial for. The children (15 and 17) were staying with their grandparents to be near their mother until sentence was passed. The children are now coming to live here. Where does my husband have to file for custody? Does he have to file in the county were the first order was filed or can he file where we live?

Is it critical that he file immediately? If not, then he might want to wait for the outcome of her other trials. If she is going to be in jail for longer than the one year, it might be a moot point.

 

[Tinaa]

Is it critical that he file immediately? If not, then he might want to wait for the outcome of her other trials. If she is going to be in jail for longer than the one year, it might be a moot point.

I don't know if it is critical. He thinks it is pretty important. Does he automatically get custody if she's not able to care for them? Does he even need to file for custody?

He has an eighteen year old who has decided to stay and finish high school. She graduates in May.

Things are really quite a mess. Both younger children have been in trouble with the law and one is having some serious mental problems.

I've written about my husband's children before. As everyone told me, no way for my husband to get custody because there was no proof drugs. Only what the children told him.

My husband doesn't want the mom to get out and come and get the children. He hopes living in a stable environment will help them. Counseling for both, probably all of us, is going to be critical.

 

[nextwife]

She's already been sentenced to a year. I don't see any reason to wait to file for her to get more time (or not) on other counts.

 

[LdiJ]

She's already been sentenced to a year. I don't see any reason to wait to file for her to get more time (or not) on other counts.

No, there is really no need to wait, however, he may avoid some cost if he does. If mom ends up sentenced to enough time that the 15 year old will hit 18 before mom gets out, it might not be necessary to file for custody.

I would be more concerned about him being proactive if the children were younger.

 

[Ohiogal]

No, there is really no need to wait, however, he may avoid some cost if he does. If mom ends up sentenced to enough time that the 15 year old will hit 18 before mom gets out, it might not be necessary to file for custody.

I would be more concerned about him being proactive if the children were younger.

However he may need papers showing he has custody for school purposes.

 

[LdiJ]

However he may need papers showing he has custody for school purposes.

That's true, he does need to check on that.

 

[Tinaa]

So can he check at the local court house does he need to contact the county of the original order? Can he do this himself or would one need an attorney?

 

[onebreath]

He needs to file whereever the children have been established as legal residences...don't know what that is for the state they live in, its primarily somewhere they have had legal residence (mail, school, taxes) from six to 12 months. If that was established for them the past year, you probably need to go there to file.

He does not have to have an attorney to file papers, any person is free to petition the court at any time, but given the seriousness, I would hire an attorney. Outside of that, at least use a paralegal to help you file your papers.

 

[nextwife]

That's true, he does need to check on that.

He needs to file to legally establish custody.

First, because any CS he may have been paying mom must be stopped.

Also, if mom is released EARLY, he doesn't want mom showing up at the door with legal custody and removing the kids. He really should get it established.

 

[LdiJ]

He needs to file to legally establish custody.

First, because any CS he may have been paying mom must be stopped.

Also, if mom is released EARLY, he doesn't want mom showing up at the door with legal custody and removing the kids. He really should get it established.

Probably, but money did seem to be an issue. Its certainly not going to matter for the 17 year old, only the 15 year old is an issue. I am honestly not sure that it would matter for either of them, other than a child support change. I honestly don't see the police helping mom "collect" the children in this instance.

 

[Bloopy]

He needs to file to legally establish custody.

First, because any CS he may have been paying mom must be stopped.

Also, if mom is released EARLY, he doesn't want mom showing up at the door with legal custody and removing the kids. He really should get it established.

I agree. This is a no-bainer

How expensive could it be while Mom is in jail?

The cost of NOT establishing custody is much higher.

 

[Tinaa]

He's been paying support to mom. He will still pay support for the daughter staying to finish HS. He'd just hate for mom to file for back support while she was gone if he doesn't file. It was court ordered that he pay her directly, always a check. She needed the money to pay her rent on the first. Money is tight here...will get even tighter. Thought I could do the research and get things rolling so Husband wouldn't have to miss much work.

I'll get to work. Thanks!