Can I Obtain Custody of My Cousin’s Children?

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My question is in regards to custodial rights across state lines. My cousin is about to go to jail (he’s dumb), the mother of his children (who’s also dumb) is in jail for a separate charge currently serving time. There is no family in his state of Montana and I live in California. Can he bring the kids here for me to take care of? I have no idea when she get’s out of jail but know she is in jail for aggravated burglary (she broke into my cousin’s home and smashed his girlfriend in the head with a hammer). My final attempt would be to gain full custody of the children as soon as possible, getting them away from the drugs, alcohol, and other associated problems having to do with my cousin and his ex (the children’s mother). My cousin would be ok with this though he may not do anything to help me make this happen. Thank you in advance.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

In order to petition for custody, you will likely have to go to Montana and file a motion for temporary custody since that is where the children are domiciled. You should contact a local attorney who is familiar with the state law and local court rules to find out what your odds are of winning custody. A simple phone call to an attorney will suffice to get things moving.

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Author: House Attorney