If a mother of 2 has a criminal record of simple battery does this mean she can not obtain joint physical/legal custody?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a mother of 2 has a criminal record of simple battery does this mean she can not obtain joint physical/legal custody?

My sister has previous record of simple battery (one against her spouse) and is currently on bond for a false charge of simple battery and child cruelty (to be dropped) and her spouse filed for divorce while she was in jail. Does this mean she can not obtain joint custody? And does this mean since her spouse has filed he can remove the children from the state where they have resided for the past year and 6 months back across country without her consent?

Asked on May 10, 2012 under Family Law, Georgia

Answers:

Shalamar Parham / Parham Law Firm, LLC

Answered 8 years ago | Contributor

Her husband can use her criminal history against her in court, but it impossible to say what the outcome of the case will be.  Whether or not he can move with the children depends on what has been filed with the court. Your sister should to talk with an experienced divorce attorney about the specifics of her case.

Shalamar J. Parham

Atlanta Divorce Attorney


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