If a mother of 2 has a criminal record of simple battery does this mean she can not obtain joint physical/legal custody?
Question Details: My sister has previous record of simple battery (one against her spouse) and is currently on bond for a false charge of simple battery and child cruelty (to be dropped) and her spouse filed for divorce while she was in jail. Does this mean she can not obtain joint custody? And does this mean since her spouse has filed he can remove the children from the state where they have resided for the past year and 6 months back across country without her consent?
Her husband can use her criminal history against her in court, but it impossible to say what the outcome of the case will be. Whether or not he can move with the children depends on what has been filed with the court. Your sister should to talk with an experienced divorce attorney about the specifics of her case.
Shalamar J. Parham
Atlanta Divorce Attorney
