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Felony and pregnant?

Posted by on Jun. 28, 2012 at 11:59 PM
  • 10 Replies
My husband left me and wants custody of our unborn child. I'm currently 21 weeks pregnant. About 4 years ago there was an incident and now I went to trial for it. It's something I didn't do. The prosecutor gave me the option of pleading guilty and getting 1 felony and house arrest or going to trial and facing 4 felonies and 2 years in prison. I also have a 3 year old at home. I live in Washington state. My soon to be ex husband ran me over with the car while pregnant but he just got a misdemeanor and will probably get off since he has no record. I'm wondering If this felony I now have will let him have custody once the baby is born. It was not a violent felony it was theft. Not sure what to do. He is going to do everything he can to get full custody if not half and I think he shouldn't have any custody since he tried to kill us both. What will happen?
by on Jun. 28, 2012 at 11:59 PM
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Replies (1-10):
mrene88
by on Jun. 29, 2012 at 12:16 AM
1 mom liked this
Most likely I don't think it will matter because it happened before the baby was born. Honestly if your really that worried about it contact a lawyer and see what they have to say.
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Angelicmom24
by on Jun. 29, 2012 at 12:30 AM
I doubt it will matter it doesn't affect ur parenting skills and That's what most judges look at..tho him trying to harm u while pregnant could harm him if he wants to push it use it against him
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LifeCafe42
by Nora on Jun. 29, 2012 at 12:34 AM
I'd talk to your lawyer
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animebuddy
by on Jun. 29, 2012 at 4:59 AM

 I doubt it, but cunsult with a lawyer

Cpdsptchgrl
by on Jun. 29, 2012 at 5:11 AM
The only one that would be able to accurately answer that is an attorney.
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mommynac
by on Jun. 29, 2012 at 5:52 AM

I think you need to speak with a lawyer.

mstkn.identity
by on Jun. 29, 2012 at 5:54 AM
Id talk to a lawyer, but personally i think his offense would count against him more.
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Robsessed98
by on Jun. 29, 2012 at 7:03 AM

I don't see how it would, but you should ask your lawyer.

darciemelvin
by on Jun. 29, 2012 at 7:18 AM

I have a felony on my record as of last year, got it a week before i found out i was pregnant, and it in no way has any affect on my parenting skills or ability to care for my child. my BD tried to do the same thing to me, use it against me because "moms shouldnt have felonies"... SHIT HAPPENS ! life goes on, and i highly doubt this would be grounds enough for a judge to determine that you were an unfit parent and give him custody. didnt happen that way with me, and i hope it doesnt happen with you !

BonneVie
by on Jun. 29, 2012 at 9:29 AM
1 mom liked this
Talk to both a criminal attorney and a family attorney. Make sure the house arrest allows for well checks for baby and other appointments the baby might need.

My neice-in-law gave birth IN prison to her second child while there on a felony (theft). When she got out, she immediatly got him back from the BD. She met our nephew (in a halfway house they were both court ordered to), got pregnant, got married. A couple years later, she had felony drug charges (so did nephew) and lost all her kids while she proved 120 days of being clean...but then she got them back again.

However, if your felony is violence related, I would think your BD would have a solid leg to stand on, at least to try and take the baby. I also think that with his own history of DV, you can end up with a baby in foster care if you fight to hard. I would try and set up a shared custody agreement NOW, through an attorney...

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