How do I get my children back if my husband won’t return them after an extended visit?

UPDATED: Sep 13, 2011

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How do I get my children back if my husband won’t return them after an extended visit?

My husband and I have not lived together in almost a year. He recently got out of jail and is staying with relatives he hadn’t seen in over 20 years. I had to go to the ERfor a medical condition and he was asked to watch them while I was there. Now he is refusing to give them back and he has got a terrible history with drugs and alcohol. He pulled my child from the school I had her enrolled in and has not enrolled her anywhere else. I have been abandoned and he left me with nothing. Now he wants our kids when he has 2 children from a previous women that are in foster care. What do I do?

Asked on September 13, 2011 under Family Law, Mississippi


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  I am assuming that you have not filed for divorce so there is no temporary custody order or anything like that in place, correct?  Then what you need to do is to got o court and either file for divorce and request temporary sole custody of the children or you can file a separate proceeing requesting sole custody of the children.  His past is a plus to your getting them back and custody. And you can bring an exepdited motion given the circumstances. It is in the best interest of the children to go to school and to have a stable home free of drugs.  Good luck.

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