Can my ex get custody if I move with my current boyfriend who has a felony? 25 Answers as of June 09, 2013

My current boyfriend has a felony that is 8 yrs old for using someones credit card. He does have a domestic charge on him from last year. We plan on moving together. My ex has domestics on him and was in and out of rehab for drugs and alcohol. I have had full legal and physical custody of my daughter for 5 years. Do you think my ex would get custody?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
The primary issue is the safety of the child. It is unclear what type of domestic violence matters your boyfriend was involved in, and whether one would consider him to be a danger to your child. I would suggest that you consult with a legal professional about this matter.
Answer Applies to: Washington
Replied: 9/2/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
If the father of your child were my client, I would have him in court in a hot minute. The felony charge on your boyfriend's record does not concern me nearly as much as the domestic violence from just last year. My advice, and please do not be offended, would be to get yourself into some domestic violence counseling immediately. You need to figure out and address your attraction to violent men; otherwise, you put your daughter at risk for witnessing and/or suffering from domestic violence. Your main focus must be on your strength so that you can model the respectful treatment of a woman for your little girl. Your question does not specify how far you are wishing to move. If it is any significant distance, you must gain permission of the court for you to move away with your daughter. Dad is still dad - and your daughter is entitled to a relationship with her father. Even though dad has some serious issues with domestic violence and addiction, your daughter owns her relationship with him.
Answer Applies to: California
Replied: 9/1/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The Court will consider what is in the best interests of the child. You will need to show your boyfriend is not a "bad guy."
Answer Applies to: Washington
Replied: 8/24/2011
Bagwell Holt Smith Jones & Crowson, P.A.
Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
Custody is based on the best interest of the minor child. A court can hear evidence of all of these facts.
Answer Applies to: North Carolina
Replied: 8/24/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
A Court could determine that it would not be in the child's best interest to be around a felon. Also if the Court determines that your ex is not a fit parent the child or children could be put with a relative or DHR.
Answer Applies to: Alabama
Replied: 8/21/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You have described two men with very troubled histories. Not good. I can not predict what a Judge would decide. The judge will do what is needed to protect the child.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Crystal ball is on the fritz, but you may want to consider dating people without domestics.
    Answer Applies to: California
    Replied: 8/20/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, not for just what you have stated.
    Answer Applies to: Florida
    Replied: 6/9/2013
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    An 8 year old, non-violent felony should not be of great concern. The domestic battery a year ago may be. It will depend on the facts and circumstances of that domestic battery and your ex's ability to argue this without answering to his own domestic batteries. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/19/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your details appear to be inconsistent. If you really have "full legal and physical custody" as a result of a court order, your ex-boyfriend/husband would have to obtain a new court order modifying the current order. If there is no current court order, and you were never married to the father, neither of you has any specific "legal" custody or authority; but, the father has no rights until a court gives him some rights. You do not provide nearly enough information to even guess whether your "ex" would or would not get custody and it isn't even clear that the "ex" is even the legal father.
    Answer Applies to: Colorado
    Replied: 8/19/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    There are many more factors involved than what you discuss. If I guessed, from the limited info above, the most stable thing to happen is for something similar to the status quo be ordered so that you are the primary caretaker.However, have you considered not getting involved with abusers? Then you wouldn't have to worry about these kind of issues nearly as much.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    This is very fact specific but your ex would have to file a motion and show that the current arrangement is no longer in the best interests of your child.
    Answer Applies to: Wisconsin
    Replied: 8/19/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    If you BF has completed DV and anger management treatment, you should be ok. Otherwise, you are putting your child at risk of being a victim of Domestic Violence. If your ex doesn't get custody, the state might.
    Answer Applies to: Oregon
    Replied: 8/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is difficult to respond to such an inquiry without a full review of the case. However, a change of custody requires a showing that the children are endangered in the current custodial situation. Having a felony record alone is not sufficient. there must be some showing that it impacts the children negatively.
    Answer Applies to: Minnesota
    Replied: 8/19/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you retain a lawyer and discuss all your rights and options. We also suggest you ask your attorney about meretricious relationships and custody. Good luck.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Depends. You need a lawyer because he could make a complaint to the Alabama Department of Human Resources and you both could loose the child.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Custody is based on what is in the best interests of the child. If your daughter has been in your continual care since birth and the situation your described with your new boyfriend will not endanger your daughter, then there is a minimal chance that the father will win on a child custody request.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    It sounds like there is poor judgment on both parts - him believing that he might be able to get primary residence from you given his past and you for moving in with someone who has a recent domestic. I would not have been concerned at all if all he had was the 8 year old credit card conviction.
    Answer Applies to: Connecticut
    Replied: 8/19/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Moving in together without benefit of marriage is seldom a good idea in custody issues. In Louisiana, moral fitness is still considered as a factor in child custody situations. While your ex has serious problems that would normally prevent him gaining custody, your moving in with your boyfriend certainly would constitute a "change of circumstances" that could allow your ex to go back to court. Assuming you have "sole custody" (you said "full custody"), your ex could end up with a joint custody order that would otherwise not happen.
    Answer Applies to: Louisiana
    Replied: 8/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It would be a really dumb move to move in with a felon who has a history of domestic violence. Not only does that endanger you and the child but it certainly does give the other parent ammunition to fight over custody. If your child is unimportant to you, move in with the guy. Otherwise, don't.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It is impossible to say what a court would do, given that everyone seems to have issues, but do you really want your children around someone with a history of domestic violence?
    Answer Applies to: California
    Replied: 8/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    based on the facts you describe, no; however you should be careful that no one will claim you are placing the children in harm's way such that DCF would get involved
    Answer Applies to: Connecticut
    Replied: 8/19/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    On the facts you give, it is very unlikely.
    Answer Applies to: California
    Replied: 8/19/2011
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