Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
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.
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.
