If I’m currently seeing someone who has a criminal record and has an open case in court now, can my estranged husband use this against me and win custody?

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If I’m currently seeing someone who has a criminal record and has an open case in court now, can my estranged husband use this against me and win custody?

I have 2 daughters and have been separated from their father about a year now. This man that I’m seeing has been like a second father to the girls and they spend more time with him than their own father because he;s never around.

Asked on October 22, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is possible that the person who you are seeing who has a criminal record can be seen by the court as a "bad influence" upon your children allowing your children's father to gain custody over them by the court even though that once someone has served his or her dues for a crime they should not be discriminated against.

The key issue is for what crime your significant other was convicted of and what he has done with his life since?

There are many variables with respect to your question. As such, I suggest that you consult with a family law attorney with respect to your matter and advice as to how to proceed in your matter.


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