Legal Question in Family Law in Montana
Getting custody of children that are out of state
My husbands ex-wife hasn't been letting their children see him when they are supposed to or have regular phone contact either. She seems to leave the children with anyone who will watch them and sometimes alone according to the Children. The children are almost never home. The mother still lives a questionable life style like a teenage partier and has different men in and out oh their lives. What sort of chance would my husband have to get custody of the children? We also can't really afford to have attorney so where can we find local leagal help? Also, can we call social services on her to check on the children?
Thank you
1 Answer from Attorneys
Re: Getting custody of children that are out of state
Your husband's chances of getting custody will depend on the law of the state that has jurisdiction over the matter. Generally this will be the state where the children have lived in for the last six months, although there are some exceptions to this. Generally speaking, though, it usually takes overwhelming evidence for a Judge to grant a change in custody from one parent to the other, such as evidence that the children have been neglected, abused, etc. You should contact the state bar association of the state where the kids are located for a referral to either an agency or names of attorneys who handle cases on a pro bono basis. Also, it will depend on the social services agency as to whether they can do a welfare check, but you can call to find out what they can assist you with.
Hope this helps! Best of luck to you.
Sincerely,
Christine C. Nierenz, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
