• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Custody Battle

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Kipp T.

Junior Member
What is the name of your state? Georgia

Is it possible for a father to obtain a child with three felony charges and a DUI on his record? The mother is the primary caregiver of the child, and I dont see where they could find probable cause to take him away from her.
 


Generally speaking, the courts do not grant a change in custody unless there is a change in circumstance. It will be up to the judge to determine if the plaintiff (the person seeking custody) has enough viable evidence to warrant such. If you would care to provide the entire story and include on what grounds your ex is requesting a change in custody, you might get more help here.
 

Kipp T.

Junior Member
She isnt my ex, she is a friend of the family. I'm not the father of the child. But thats about the gist of it. He wants custody of the child, but he doesn't take up any time with him. He never really wanted anything to do with his son until his wife filed for divorce.
 

LdiJ

Senior Member
Odds are that with three felony charges and a DUI that his chances of primary custody wouldn't be strong.
 

CJane

Senior Member
LdiJ said:
Odds are that with three felony charges and a DUI that his chances of primary custody wouldn't be strong.
BUT are those 'charges' or 'CONVICTIONS'? And was the DUI a conviction? Was the child with him? When did all these 'charges' and the DUI take place - before or after the birth of the child? Before or after the marriage? Is the couple currently divorced, or just now filing?
 

LdiJ

Senior Member
CJane said:
BUT are those 'charges' or 'CONVICTIONS'? And was the DUI a conviction? Was the child with him? When did all these 'charges' and the DUI take place - before or after the birth of the child? Before or after the marriage? Is the couple currently divorced, or just now filing?
I was talking about primary custody....not about terminating his parental rights or putting him under supervised visitation. Of course all of those things are going to matter in the long run....however, its fairly safe to say that the primary caregiver to the child is generally going to have the best shot at primary custody, so in this case dad would have to overcome that.
Therefore even if dad's record was clean mom would have the edge......assuming of course that mom hasn't done something foolish like taking off to another state without getting court permission. With 3 felony charges and a DUI, on top of not being the primary caregiver, dad's chances wouldn't be very strong.
 

CJane

Senior Member
LdiJ said:
With 3 felony charges and a DUI, on top of not being the primary caregiver, dad's chances wouldn't be very strong.
Yeah, I just generally find it difficult to believe that all of these women are not only paragons of virtue (staying home with the kids doesn't automatically make someone a fantastic parent) but have unwittingly become involved with and married and had children with criminals.

So, my thought process is that mom isn't exactly a peach. AND, I know from experience that being the primary caregiver isn't always a bonus - I was told flat out by the judge that if I'd even worked part-time instead of being a stay-at-home mom, my chances at full custody would have been better, but that courts are not in the business of awarding the children to someone so that they can 'live off child support'.
 

LdiJ

Senior Member
CJane said:
Yeah, I just generally find it difficult to believe that all of these women are not only paragons of virtue (staying home with the kids doesn't automatically make someone a fantastic parent) but have unwittingly become involved with and married and had children with criminals.

So, my thought process is that mom isn't exactly a peach. AND, I know from experience that being the primary caregiver isn't always a bonus - I was told flat out by the judge that if I'd even worked part-time instead of being a stay-at-home mom, my chances at full custody would have been better, but that courts are not in the business of awarding the children to someone so that they can 'live off child support'.
Yeah, its possible that mom isn't a peach....or its possible that mom grew up and dad didn't....or that mom really didn't know about dad until it was too late. I have observed all three situations and more.

I have never personally observed a situation like yours....but that was a fairly off the wall statement for a judge to make. How could the judge know that you wouldn't get a job and would "live off child support"????
 

CJane

Senior Member
LdiJ said:
I have never personally observed a situation like yours....but that was a fairly off the wall statement for a judge to make. How could the judge know that you wouldn't get a job and would "live off child support"????
He didn't, and in fact, I was employed before the divorce was final. I wasn't awarded child support even though the ex makes 2-3x what I make, and I have the kids 60% of the time. *shrug* Maybe he's just tired of people assuming that mom gets 'everything' just because she stayed home with the kids.
 

Kipp T.

Junior Member
He wasnt a criminal before she married him. He was convicted of the felonies and has them on his record, as well as the DUI. All of this took place after the child was born and before divorce was filed.
 

CJane

Senior Member
Kipp T. said:
He wasnt a criminal before she married him. He was convicted of the felonies and has them on his record, as well as the DUI. All of this took place after the child was born and before divorce was filed.
What are the felonies? How long between the first conviction and the divorce?
 

casa

Senior Member
Kipp T. said:
He wasnt a criminal before she married him. He was convicted of the felonies and has them on his record, as well as the DUI. All of this took place after the child was born and before divorce was filed.
How long were they married after his conviction(s)? ie; can she demonstrate that she left him because of the illegal activity.? Or did she stay married to him, and only now- in the midst of a custody battle, is she bringing them up?
 

LdiJ

Senior Member
casa said:
How long were they married after his conviction(s)? ie; can she demonstrate that she left him because of the illegal activity.? Or did she stay married to him, and only now- in the midst of a custody battle, is she bringing them up?
I am not sure that is going to matter for primary custody....it might for visitation and/or supervised visiation....but if the dude got three felony convictions plus a DUI during the marriage I suspect that most judges are going to believe that the convictions influenced the divorce unless many years have passed.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top