Can my soon to be ex-husband take custodyof our kids if he has a criminal record and no means of support?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can my soon to be ex-husband take custodyof our kids if he has a criminal record and no means of support?

Were married 1/21/94. He has been in and out of jail, is a convicted felon, and has at least 1drug possession charge( that I know of). He smokes weed in front of our kids, is behind like $1500 in child support, doesn’t work, and lives with his parents. When I told him that I didn’t want him in my life anymore he stopped seeing the kids for 3 months. He is mad becausee I won’t give him a second chance (he’s had plenty), and because I have been talking to a friend who is in jail and is looking to start a new life when he gets out. My husband doesn’t want him around our kids, so he’s going to try for custody when we divorce.

Asked on November 22, 2010 under Family Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When the court decides custody cases they work under the premise of what is in the best interest of the child or children.   Generally speaking courts like parties to work out the issues themselves as to custody and visitation.  They also do not like to take custody from a parent unless again, it is NOT in the best interests of the child or children.  As for how the fact that he is a felon plays in the custody issue, that issue will need to be weighed by a Judge and who's what's when and where's will matter.  I would speak with a divorce attorney in your area on this matter and let him or her advise you.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption