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Fiance has criminal history.... effect on custody of my son???

My DF has a criminal history. He's done his time and paid his debt to society. My ex says that once DF and I are together, he (my ex) will do everything possible to keep our 8 year old son away from me and DF. I have primary physical custody.

By the way... my 13 year old's dad is the DF (long history together).

Does my ex have any legal standing? Even if my DF has a felony on his record, does that matter (in a legal sense)? There were no crimes against children... DF was into drugs and alcohol for years, but is clean and sober now. I'm also clean and sober 13+ years and know that people can change.

But my ex is really stressing me out... threatening legal action against my custody once I'm re-married.

Answer Question

Asked by Anonymous at 8:23 PM on Jan. 17, 2010 in General Parenting

Answers (8)
  • He can try , but he will have to prove that if will affect your son now. Criminal history is tricky and if he your ex can prove that he is better suited then yes he has standing, it is his son.

    Answer by truealaskanmom at 8:26 PM on Jan. 17, 2010

  • yes

    Answer by Anonymous at 8:29 PM on Jan. 17, 2010

  • He can try it is really up to the judge, every state has their own laws. Call a lawyer there are free legal services check with female support groups to find out.


    Answer by RyansMom001 at 8:29 PM on Jan. 17, 2010

  • No, I'm being honest here. It depends on your personal factors. How old is his history. As long as he's not a child molester. If that was the case, than why do so many convicted felons still have there kids? I have several friends who did time back in the day and are wonderful parents and productive members of society. One friend in particular went to court when he got out of jail and got his kiddos back. If your exes side of the street isn't clean he really will look stupid in court. Be careful, in a judges eyes, he may be concerned about the childs all around welfare if all three of you are pointing out eachothers shady pasts and find all three of you unfit to parent.

    Answer by Steff107 at 8:35 PM on Jan. 17, 2010

  • Thanks for the advice, please keep ot coming... to the Anon that said "yes"... under what cirumstances can his history effect us now?

    Answer by Anonymous at 8:37 PM on Jan. 17, 2010

  • Honest answer, it depends on the judge and long ago did he do his time and what he is doing now. Theoritically, no he shouldn't be able to take custody just cause he doesn't approve of who you are with .... HOWEVER, 1. some judges do and 2. how would you feel if the situation were reversed... wouldn't you be leary if you ex had custody and moved someone with the history you DF has into your childs life.
    (sorry I tend to play devils advocate).

    If HE had been clean 13 years I'd say no... but if he's only been out a year or 2 then.... maybe.

    I would keep track of any "threats" by ex and any messages about this would be saved but I could see where he is comming from and so could a judge.
    Some judges will say no... that's not an "significant (cause I can spell the exc. word) but with judges you never know.

    Answer by MamiJaAyla at 8:59 PM on Jan. 17, 2010

  • How long ago was his crimes. If he is only 6 months out of jail your childs father could get custody. If he got out 10 years ago and has been clean since I doubt it would matter. Will depend on the crime as well. I personally would not allow someone only clean for less than a year around my child but that me some don't care.

    Answer by Anonymous at 10:29 PM on Jan. 17, 2010

  • Bump...

    Answer by Anonymous at 10:30 PM on Jan. 17, 2010

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