My boyfriend has two kids who are currently living with his mother. Her boyfriend recently abuses her and generaally when they get away with it once, they continue to do it. When we get his kids, we are jus not gonna give them back. They are still currently married with no legal seperation or custody arrangements in place. We want to get his kids out of that situation and I was jus wondering if it was legal to do that and to make sure there wasnt anything she could do about it. We plan to file for temporary custody until they go through the divorce.
Answer
The best plan is to just start the divorce and make the temporary custody part of the divorce.
If all mattes of the divorce are agreed upon: 1. division of assets and debts, 2. child custody, 3. child support; then you can proceed through an "uncontested divorce".
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