Boyfriend's Past

[lordwisp]

What is the name of your state? Ohio.

My best friend was married and divorced in Ohio. She has custody and he has visitation. He does not like her new boyfriend. Thy have known each other for 10 years. He knows about the new boyfriend's juvenile record. My question is can he use this information to take her children away? He has no proof of what he was acused of and the records were expunged. He has threatened her that if she does not leave her boyfriend he will take her back to court to take the kids away because of his juvenile record. He has no adult record except minor traffic. What can she do about this?

 

[hexeliebe]

What can she do about this?

REPLY: Nothing

Now to expand on that. What she should do is the same answer, nothing. She doesn't have any control over her ex or what he will or won't do.

In this society, anyone can take anyone else to court. Whether they will prevail or not is another question.

The only thing the court cares about is the health and safety of the child. So, unless your friend is a hooker who leaves her child chained to the radiator with a bowl of groul for dinner, she should stop worrying.

Yes, I know this is oversimplification. but it doesn't matter who the mother is dating or even if she is dating one man every night. As long as the child is being cared for, is healthy and the home situation is safe, the ex can't take the child away from her.

 

[stealth2]

Yes, I know this is oversimplification. but it doesn't matter who the mother is dating or even if she is dating one man every night. As long as the child is being cared for, is healthy and the home situation is safe, the ex can't take the child away from her.

Not necessarily. A lot COULD depend on what the conviction was for. IF it had anything to do with minor children and sexual misconduct - bet your boopie he could do something about it.

 

[mamadi]

But hexeliebe does it make a difference if this boyfriend is living with the mother and child ? Can the past record be used by the father to get some leverage ? He could go at it as being a "safety" issue. But being it's a juvenile record it may not mean as much as if he were an adult.

DH's attorney says if custody goes to trial (we have temp. custody going for perm. -pretrial next week) he will use bf's criminal record, which is 12 pages long (not juvenile) because bf lives with BM.

 

[hexeliebe]

Every situation is different and if the boyfriend is live-in and has a 12-page rap sheet, then yes, I'd say there had better be a VERY healthy lifestyle at this point.

Still, I wouldn't be surprised if the boyfriend's past is an issue in the custody of the child. But still, the petitioning party has the burden of proof so they would have to show that a third-party's influence would be harmful to the child's development.

As for your answer momma, sweet thang, we don't know what the charges were for because the poster said the records were expunged. Also, there is no indication that the boyfriend has any contact with the child, or if the two live together or are just dating.

I simply answer to the post, not to anything that might be. It would help if we knew the entire situation, but we never do do we now?

 

[stealth2]

which is why there was a capital COULD and IF in my post. As opposed to your categorical "the ex can't take the child away from her".

and, uh.... I'm not your "sweet thang".

 

[hexeliebe]

well, just to split infinitives, HE can't do a damn thing...the court can however

 

[stealth2]

well, just to split infinitives, HE can't do a damn thing...the court can however

Now that is most accurate. Except what he CAN do is file all and sundry. But until HE does, SHE can't do a darned thing.

 

[lordwisp]

OK. he was 17 the girl was 16. Her dad did not approve. So they hit him with simple battery. WHICH in CA is offensive contact of any type. The BF has custody of his own daughter. She has 2 children and they all spend alot of time together.

 

[Terry7]

If a Juviniles record is " expunged ", it means there is no record to bring up to the court.

You could bring it up all you want, I doubt it would get you anywhere.

 

[HomeGuru]

If a Juviniles record

**A: what kind of record?

 

[JoandJa'smom]

I was going to say the same thing Terry!! if he had any type of record or records and they were expunged because of him being a juvy they cannot be used into court at all. I think that sucks personally. Did you know that a teen can kill someone and the record can be expunged by the time they are 21 or 18(depending upon the state) and no one can ever bring up their criminal history if they do something again or kill again after they are of the age of expungement. Anyhow, I would try and find out what he was expunged for(probably not going to happen) cause it sure would make me curious to know, exspecially if it was something really bad.

JoandJa'smom

 

[Terry7]

Me Too,especially for a 17 yr. old.I'd want to know why he got Juvinile treatment. Here in NY when your 16 yrs. old you can be put behind bars in the county Jail .
There musta been more, or less to it .Here in my City ,They treat it as harrasment.
You could be cut in the head ,and they tell you go down the next day,and file harrasment.

 

[fried eggs]

The best thing for her to do is nothing. Not only, don't do anything (and act as if it doesn't bother her) but also try to not 'rile' the father up. The more time that goes by with out him doing anything, the less likely he's going to be able to stand up in court and say the boyfriend's past is a reason for anything changing legally.