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

UPDATED: Jun 9, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 9, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 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 to obtain a divorce/family law attorney and check his or her record at the Arkansas State Bar.

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 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