Saturday, August 21, 2010

Are criminal records taken into consideration in custody cases?

I currently have physical custody of my 1 year old daughter. I have no criminal record and her father has an extensive record including multiple drug charges. His parents pay a lawyer handle his cases, is there a possibility that he could get custody? Do they take any of this into consideration?Are criminal records taken into consideration in custody cases?
Criminal record would not negate his right as a parent to visitation with his child. But the court's first consideration is the best interest of the child and custody to someone with multiple charges would certainly not be in the child's best itnerest.

In fact, even visitation under such conditions can be specified to be supervised to ensure the child's safety.

There is the possibility that he could get custody, but only if you permit it by going into court unarmed. Make sure you have your own attorney, and a competent one who is experienced in such cases. Look up the phone number in the yellow pages for the Bar Assocation in your county for recommendations.Are criminal records taken into consideration in custody cases?
I would hope not.

And I hate to sound judgmental, but I guess I am surprised that you decided to have a child with a person who has had multiple arrests for drugs. I would want a better father for my child.
yes they do look at that and the record of his spouse (if he is re-married)

i know this from personal son's father was suing me for full custody of my 9 month old son that he never once visited even though he only lived a mile away..(it was because his new wife couldn't have kids) anyways 2 weeks before our trial started his wife was arrested for selling drugs and went before the judge 1 hour before our trial started (the same town only had one judge) well the judge said that he wouldn't put a child into their home because of that and he lost his case
Yes make sure your lawyer brings it up several times
Yes, they will take it into consideration. My father recived no right s to us becuase he had drug charges. My mother got to decide if and when we could see him. She let us see him when ever we wanted but none of us wanted to see him, so.

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