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