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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21485
Experience:  General practice of law with emphasis in family law.
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Is it posssible for my daughters father to take her from me

Customer Question

Is it posssible for my daughters father to take her from me due to the fact that he has a past criminal history ( possesion charges) and he has been recently accused and arrested for aggravated assualt. The Boyfriend lived in the home for 2 months prior to the arrest. Has no other violent crime convictions. Mother is an upstanding citizen.
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.

Hi

 

Is there a custody order currently in place? Is the father on the birth certificate?

Customer: replied 3 years ago.
Yes and Yes
Expert:  Samuel II replied 3 years ago.

Hi

 

Thank you for the information.

 

You must remember that a court will grant custody all in the best interests of the child. If there is no restriction in the custody order that the Mother shall not have a live in boyfriend or overnight guests of the opposite sex, then there is nothing this Father can do.

 

His background and past is worse than the Mom's and I don't see how he can get full custody

 

If you have further questions, you may post them here and i will continue to assist. Otherwise, please ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and good luck

 

Customer: replied 3 years ago.

I think you misunderstood some of what I said.

I am the mother. We have split custody. My daughters father, dosen't have a record, that I know of. He is married, and she has no record that I know of. We do have a custody agreement, 50/50.

 

My daughter no longer wants to sleep at her fathers, she has been compliaing for several months. She has some stomach issues we are dealing with. Her father does not believe they existe and will not give the medication. My daughter, does not want to be there dur to her feeling ill and the drama and lack of communication in the household. She feel uncomfortable.

 

I on the other hand. Would love to go to court and fight for her, Problem is this whole boyfirend issue. My boyfriend lived with me from December 23,2010 until March 31,2010. We had no issues in the home what so ever. We were a very happy family. And then he was accused of aggravated assault and was charged with aggravated assault in March and has had past charges.

 

I am a upstanding citizens, I have no criminal backround. I want to fight for my daughter and know I have a chance

 

Expert:  Samuel II replied 3 years ago.

Hi

 

I see. Yes. Thank you for that clarification.

 

If the BF is no longer living with you then you should have no problems. You can request your daughter be interviewed by the judge to see what her desires are. This is done out of earshot of both parents so as not to intimidate your daughter.

 

Also, you can provide the medical documents showing that your daughter needs the medicine. While I cannot say that you would get full custody, I can say that he will not. That court would maintain the status quo at the worse scenario. But the Father would not get her entirely.

 

If you have further questions, you may post them here and i will continue to assist. Otherwise, please ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and good luck

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