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lawyer anyone??? help

stronggirl's picture

Submitted by stronggirl on Sat, 12/13/2008 - 4:51pm

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Family Court

So here is the deal….BM is looking at jail time. She has sole custody and DH has eow. She is looking at jail time for a felony of writing a bad check over $500 on a closed account. She has already been to check writing classes at least twice if not 3 times. So we found out this on the internet and my sister-in law went with me to her last court date. We over heard from her lawyer that this is really bad and that it is a real possibility that she will go to jail. We also overheard something that she was going to try and make her parents ss14’s gardian. So my question is what would happen on her next court date in 3 weeks if she goes to jail? DH is aware that he is probably going to have a legal fight with BM’s parents if this does happen, but what happens that night? What rights does DH have concerning his son now that BM is in jail?? Any help would be appreciated??? we live in Missouri if that makes any difference..

melis070179's picture

Submitted by melis070179 on Sat, 12/13/2008 - 8:05pm

umm I've never heard of a judge giving custody of a kid to the grandparents if the dad is around & is fit. My DH was deployed in Japan about 6-7 years ago, before I met him, when BM went to jail for being busted with drugs. The state took all three of her kids & handed them over to her mom until my DH got back from his deployment, then he had to get his divorce decree amended to get full legal & physical custody of SS. BM's other 2 kids stayed with her mom because those 2 do not have dads in their lives.

"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"

stronggirl's picture

Submitted by stronggirl on Sun, 12/14/2008 - 9:49am

that is good to know....

No Regrets is crap, they will always remember how you made them feel...

Witchypoo's picture

Submitted by Witchypoo (not verified) on Mon, 12/29/2008 - 8:57am

Regarding the FERPA Law. Awhile back I knew of a template (guide) letter where you could fill in the blanks with the personal info and notify a 3rd party provider (school, doctors, etc.) about the FERPA Law and their requirements to provide certain records, etc. Does anyone know where I can get that template? Also, a P.O.A. would be nice. Starting over here and lost all my stuff to help BF with the 3 kids. BM is on a rampage to alienate again.

smurfy1smile's picture

Submitted by smurfy1smile on Sat, 01/03/2009 - 10:54pm

I would petition the court to modify the custody agreement to state it anything happens to BM that keeps her from being able to care for the child (jail, hospitalization, illness, etc) that BF cares for the child. If you have joint legal, then I think this is a legal issue - who will the child live with while the custodial parent is incarcerated?
Another thought is for BF to contact the county attorney or whoever is prosecuting the case and see what BF should do. I think they would be schooled on this issue and have a pretty ready answer.

Good luck!