Can mother get custody of child if convicted of Aggravated Assault?

[Irajune]

My brother-in-law was attacked by his wife with Knife. He fought her off and called 911. She was arrested and charges with Aggravated assault by the State of Florida. This all occurred in front of their 5 year old son. My question is, if she is convicted of a felony offense, will she still be able to get custody of child?

 

[Tracey]

She can, but it's not likely. She'll be in jail for a time & dad will have custody. After that, mom will have to try to get custody changed, which is much harder than getting it in the first place. Dad should not consent to joint custody. All this presumes that dad is a fit parent & isn't gay. (FL doesn't allow gay couples to adopt & some judges take this as an instruction not to award custody to gay parents.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 18, 2000).]