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Grounds for custody?

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What is the name of your state? IL.
My fiance's exwife has custody. She is currently living with a felon, is this grounds for custody? :confused:
 


casa

Senior Member
Chelle0511 said:
What is the name of your state? IL.
My fiance's exwife has custody. She is currently living with a felon, is this grounds for custody? :confused:
I think much depends on what the felony was for, how long ago it occured, whether or not the person has been found to be dangerous etc. Some cases living with a felon is grounds for filing modification of custody and sometimes it's not. If your fiance thinks the children are in danger, he would be wise to contact an attorney to see what the best route of action would be for him.
 
I agree it depends on the what and when of the felony. If it was a crime against a child/children I don't think time matters really.
 

casa

Senior Member
Chelle0511 said:
The felony was from a drug charge. Meth to be exact and was less than a year ago.
Use? Possession? Distribution? In the home the children live in? Was rehab completed? Is he still using drugs? Is the mother using drugs? A lot more questions need to be answered to give an more accurate input.

ie; If he used drugs, completed rehab and is sober and in active in recovery~ That's one scenario. If he is still using or you suspect he is or mother is~ That's another scenario.
 
okay...Meth...possesion/use or manufacture or delivery. It does make a difference as possesion/use and even delivery is bad, but not as bad as manufacturing. Mostly because Meth labs have a nasty habit of blowing up.

Find out, it may matter and DEFINITELY talk to a lawyer, but keep in mind you will have to prove also that the father can provide a better environment. Find out why he doesn't have custody to begin with. Also keep in mind he's probably still on parole and there will be a parole agent involved. Look into that as that could be a strong factor. If the parole agent says the guy is in compliance with his parole and doing everything he is supposed to do, it may take some of the wind out of your sails.

I'm not saying what I think is right, just what is most likely to happen. In my opinion, mother SHOULD lose custody for simply exposing her child to a felon. It is bad enough when one of the bio parents is a felon, there is no choice for the kid. But when it is an 'siginificant other', not even a step parent, mother should be shot for choosing someone with an obvioulsy stellar track record over what is in the best interest of her kids. Like I said though, if this guy has truly turned his life around and his parole agent is willing to state that, it may be a hard sell to a judge. You know, having paid his debt to society and all.
 
The biological father is my fiance and the reason that he does not have custody....he felt in the beginging that the child should be with her mother, so in the divorce he agreed to her having full custody. Young and stupid he was I must say. I think the meth charge was use, not sure. I do know that he is still on parole and don't think the parole officer would give him much of a good name.
 

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