If I recently found out that my son’s stepdad has a long criminal history, can this affect custody?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I recently found out that my son’s stepdad has a long criminal history, can this affect custody?

He has the following charges: aggravated DUI, distribution, DV, manufacturing, fraud, identity theft, etc.

Asked on June 10, 2012 under Family Law, New Mexico

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When it comes to child custody, the courts are allowed to consider any factors which could affect what is in the best interest of the child.  In a close case, the criminal history of the people that a mother is intentionally exposing her children to could impact custody--however, it is not a determinative custody factor all by itself.   Step-dad's history may or may not be relevant.  It looks to be rather extensive, but there are other things which could influence the judge in relation to this history.  For example, if his history is extensive and recent, it could be evidence that the child is at risk of being exposed to ongoing and continuous criminal activity.  If some of the aggravated charges have been directed towards family members, that can also indicate a current and present risk.  If the charges are older and the child there is not some link to the safety of the child, then the history will be talked about, but not used to deny mom custody of the child.


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 with SHA-256 Encryption