Can I get custody of my child if I have been arrested? 12 Answers as of November 28, 2011

I want to leave my husband and move to another city with my son. He has verbally abused me most of our marriage, now I see the affect that his screaming and name calling is having on our 18 month old. But a few months ago, I was arrested for child neglect but the attorney dropped all charges and it never went to court. My husband threatens to fight me for custody and move away. But my son is better off with me. His father doesn't feed him, change diapers, or spend time alone with him. But I have been a stay at home mom and he works. Now he is trying to trap me and use that against me. What can I do?

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
The fact that you were arrested should have little impact on a custody decision, because you were not convicted of any crime. The court will consider numerous factors, including which parent is the primary caretaker for the child and what is in the best interest of the child.
Answer Applies to: Illinois
Replied: 11/28/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Maybe. It seems to me that the mere fact of an arrest is not going to prevent you from getting custody. However, the underlying facts might.
Answer Applies to: Washington
Replied: 11/18/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You can stop talking with your spouse and instead call a lawyer.
Answer Applies to: Georgia
Replied: 11/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You need to begin a divorce case and then convince the court that the best interests of the child are to do what you want rather than what your husband wants. A judge will decide after hearing all the relevant evidence; your arrest and the circumstances surrounding that are just one part of the big picture.
Answer Applies to: Colorado
Replied: 11/17/2011
Gary Moore, Attorney at Law
Gary Moore, Attorney at Law | Gary Moore
You can have residential custody of your child. Your arrest might raise a question, but the matter was dropped.
Answer Applies to: New Jersey
Replied: 11/17/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Ultimately, the question who will get custody is centered around what is in the best interests of your child. If you had a prior charge of neglect filed against you, the charge itself cannot be used against you because the case was dismissed. However, I don't know if there were any witnesses there to explain what happened, and that could be harmful to your case. Of course, if your husband was abusive and you were the primary careaker of the child, these would all be factors to help you in a custody dispute.
    Answer Applies to: Nevada
    Replied: 11/17/2011
    Law Office of Angela M. Riccio | Angela M. Riccio
    Thank you for your question. A court may consider many factors in awarding custody of the partys child to one or the other parent. It appears you may be in for a fight and because of the complex nature of custody disputes; your best course of action would be to hire an experienced attorney to represent your interests.
    Answer Applies to: Illinois
    Replied: 11/17/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Courts make custody determinations based on what the court believes is in the child's best interests. Certainly, allegations of child neglect or abuse may be relevant to a court's decision. How well you present your case in court is critical. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective. You should consult with legal counsel.
    Answer Applies to: Minnesota
    Replied: 11/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Present your case. It may be better to rehabilitate yourself as a parent for a while first. See some free legal advise. Most family law attorneys give free initial consults.
    Answer Applies to: Washington
    Replied: 11/17/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You could really use the help of a good lawyer. You have some options, but it is pretty clear you want to get away from this abusive man.
    Answer Applies to: New Jersey
    Replied: 11/17/2011
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