URGENT : When a CP goes to jail?

[lovehiskids]

Soc,

My husband is NCP. CP-mother is going to jail for hot checks/nonpayment of fines for up to 30 days.  My husband has standard visitation, but does not have Joint Legal. WE are also in the middle of a custody case, scheduled for court July 30. (She will probably be incarcerated during the trial)

1. What rights does my DH have to the kids when she goes to jail? She might try to ship the kids out of state and deny my husband his summer visitation and EOW.

2. What can we do outside of an emergency hearing (which is not going to hapen, our lawyer is out of town until July 20) to get the kids?

THanks
LHK

[socrateaser]

>1. What rights does my DH have to the kids when she goes to
>jail? She might try to ship the kids out of state and deny my
>husband his summer visitation and EOW.

Well, if you have no legal custody, then there is a bit of gray area at the moment, as to what exactly your rights are, because of the recent Elk Grove v. Newdow, U.S. Supreme Court ruling. However, ignoring that for a moment, you should be able to petition the court for emergency ex-parte temporary custody, on grounds that the other parent is to be incarcerated.

>
>2. What can we do outside of an emergency hearing (which is
>not going to hapen, our lawyer is out of town until July 20)
>to get the kids?

An emergency hearing is what you need. If your attorney is unavailable, then I strongly suggest you get another lawyer to represent you and try to go before the family court and get a temp. custody order in your favor.

Use the opportunity.