Can a convicted felon have custody of a child? 9 Answers as of November 05, 2013

I am leaving my boyfriend. We have a 7 year old. He's a convicted felon 2 assault charges and 5 DWI. Can he get custody of our daughter?

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
First, custody as such is not the issue. If he's been living with the child for most of her life he will get time with the child if he asks for it. Either one of you can and should file a petition to establish a parenting plan to determine when the child is with which parent and to establish child support. Since you were clearly living with him knowing this info, you must not have thought he was such a danger to the child.
Answer Applies to: Washington
Replied: 11/5/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
It would seem more likely that you would get custody.
Answer Applies to: New York
Replied: 11/5/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Likely not, if you prove to the Court that you are the child's primary parent and that it is in the best interests of your child for you to have custody. Get the father's Rap Sheet. You would best retain an experienced Family Law Attorney to advise and represent you.
Answer Applies to: California
Replied: 11/5/2013
Oscar E. Toscano | Oscar E. Toscano
Not on those facts. What is your background? You must get a good lawyer.
Answer Applies to: California
Replied: 11/5/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Maybe. It depends on you and how you care for the child. However, I would think that his inability to stay sober will probably result in him only getting supervised visitation, if he even wants it.
Answer Applies to: Idaho
Replied: 11/5/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    With all of that, any Judge will want to be sure that the child is safe.
    Answer Applies to: New Jersey
    Replied: 11/5/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    His record is a gator, but not determinative. Get an attorney to understand your position.
    Answer Applies to: Michigan
    Replied: 11/5/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Your daughter has a right to have a safe relationship with the other parent. If your ex has harmed or could harm your daughter, then it may be wise to ask the court for supervised visitation, alcohol abuse screening, parenting classes and anger management classes as a precondition to visitation.
    Answer Applies to: California
    Replied: 11/5/2013
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    yes, the court typically takes the position that a child is entitled to have a relationship with both parents. His criminal history may determine the type of parenting or custody time.
    Answer Applies to: Michigan
    Replied: 11/5/2013
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