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BM may be going to jail--Custody issue??

overwhelmed_underappreciated's picture
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BM has court today for probation violation. She was originally sentenced to 12 mo with 11 suspended and we are waiting to find out if she will in fact be having to serve the rest of her term. She is currently 8 mo pregnant with her boyfriends child and will need to be induced within the next week or so due to a problem with her liver filtering toxins or something like that, so I am kinda worried that she will get out of yet another just punishment for her many crimes.

But anyways, the CO states that she has full physical custody and DH has visitation one weekend a month and based on his leave from the military. We live in NC but she and the kids live in MD. If she goes to jail she is unable to care for the children... We were planning on leaving for MD and filing for emergency custody but I am curious if it is possible that she sign a letter allowing her parents or sister to take custody of the children (2 girls aged 17 mo and 3yo) while she is incarcerated?? Has anyone been through this or know what the best course of action would be for us?? I want to make sure that we do everything by the book so that if/when we get custody of the children there is nothing she can do to take them away again.

I would like to do this the least stressful and drama free way as possible as I am also 8 mo pregnant with my first child and my doc doesnt think I will make it to my due date at this point. I dont want to put any unnecessary stress on myself or my child but I want this taken care of as soon as possible. Please help!!!!

overwhelmed_underappreciated's picture

Well as it turns out she got her court date postponed... my guess is because she is about to give birth. I know that even if she somehow escapes from this charge there will be more in her future... she couldnt even make it a full 6 mo w/o violating her probation so I know she will screw up again soon. Its just a matter of time now.

On one hand I am relieved that I will not have to deal with the 2 skids while I am learning to be a mom to my own newborn but on the other hand I am sick and tired of her getting away with being a criminal and being able to raise these children... Already SD3 has begun picking up on lying and other devious behaviors from her mother...

Now dont get me wrong, I dont want them to grow up with their mother in and out of jail but I know that if she did get incarcerated and lost custody that she would never get it back. DH has a clean record while she has a record that goes back several years...

Idk...