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What would the police do in this situation?
My parents are watching my children for me right now. I am separated from my husband & we're going through a nasty divorce.
If my parents refused to release my children to my husband & if my husband called the cops to take my children from my parents, what would the cops do?
I am just curious.
We live in missouri, & there's no court order involved.
I am their legal guardian (I have custody) and I wish my parents to be watching my children.
Does that change the situation?
I have contacted my attorney & she said it would be our option to give the children to my husband or not. We wish not to, but I was wondering how much a legal stance we had. I am hoping my attorney calls me back before this all goes down.
4 Answers
- 1 decade agoFavorite Answer
I'm not sure how things are done in the show me state but in many states the law sides with the mother in situations involving children, the police should call you to confirm whether or not the father could take the children. You should contact an/your attorney and consult with him/her on this matter. You can also call your local DA's office and ask questions about that too.
Hope this helps, good luck
- 1 decade ago
The children would have to be leased into the custody of their legal guardian. The cops would have no joice than to give the kids back to the husband, unless seen as unfit to care for children
- 1 decade ago
i would think the father has more right to take the kids then the grand parents do to not release them to him unless there is a court order that says you have full custody and that he can only take them when you say then the cops would make him leave and not return until then i am pretty sure your parents are forced to let him see them and take them
- Gray WandererLv 71 decade ago
Since there is no custody order, the father is as much a custodial parent as you are. As such, he can take the children any time he wants, and if your parents refuse, they can be arrested for custodial interference or even kidnapping.
Temporary/Emergency custody orders are possible.