Could this affect the custody of my daughter if my soon to be ex-husband is convicted?

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Could this affect the custody of my daughter if my soon to be ex-husband is convicted?

I am divorced from my three-year-old daughter’s father and have remarried. I am her custodial parent and her father gets her according to standard visitation. My current husband has been abusive and my daughter has witnessed a few of the occurances. I have now fled from him with her and have filed a protection order against him for the most recent abuse. My question is, at the trial for the criminal charges and the protection order should I tell about the times that my daughter witnessed it? Can it be held against me by her father and he get primary custody of her as a result. Thanks

Asked on June 9, 2009 under Criminal Law, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

That all depends on what the situation is.  It shouldn't be held against you but if your ex husband chooses to use it to alter his visitation to more visitation or partial or full custody, and there is a possibility you wish to go back to the current husband, it may come up.


Either way, you should hire counsel to help you through both situations and be ahead of the game (play offense and not defense).   Try www.attorneypages.com to obtain a divorce/family law attorney and check his or her record at the Arkansas State Bar.


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