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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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i AM DIVORCED, MY EX AND I HAVE JOINT CUSTODY OF MY SON. I

Customer Question

i AM DIVORCED, MY EX AND I HAVE JOINT CUSTODY OF MY SON. I AM CURRENTLY SEEING SOMEONE WHO HAS A FELONY ON HIS RECORD. IT WAS A COMPLETE ACCIDENT AND THEY ARE OFFERING HIM THE CHANCE TO EXPUNGE IT FROM HIS RECORD. THIS WAS A CHILD ENDANGERMENT CHARGE, I NEED TO KNOW IF MY EX CAN TAKE MY SON FROM ME DUE TO HIS BACKGROUND. CAN THIS COST ME CUSTODY OF MY SON?
Submitted: 6 years ago.
Category: Family Law
Expert:  ProExpert37 replied 6 years ago.
Hello and thank you for using Just Answer. Your ex may try to bring it up in court . There are much more worse charges. The judge is more concerned with you and your husband's ability to care for your son. Your new partner is not even married to you. He can be here today and gone tomorrow...even though I am sure you would not want that. It's just like if you had a good friend who committed a crime in the past. Would that have any effect on the child today?
Customer: replied 6 years ago.
we just moved in together, and i need to know if the ex has a case if he does take me to court. my son is the most important thing to me and i don't want to even chance losing him, so i guess my real question is, is there a chance at all that i could lose him over being with this person?
Expert:  ProExpert37 replied 6 years ago.
I will refer your question to our family law experts.
Customer: replied 6 years ago.
will i hear back today??
Expert:  ProExpert37 replied 6 years ago.
You should.
Customer: replied 6 years ago.
i still have not heard back, any chance i will hear by 4:30? it is 4:15 now and i will not have access to get my answer until monday.
Expert:  Joseph replied 6 years ago.

I'm a family law attorney and I would be happy to help. Are you still seeking assistance in this matter?

 

Thank you.

Expert:  Joseph replied 6 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 6 years ago.

yes i still need help on this matter, are you available now?

Expert:  Joseph replied 6 years ago.

I will be on and off-line throughout the day. Simply leave a post as to how you would like to proceed at this time and I will gladly respond whenever I am on-line.

 

Thank you.

Customer: replied 6 years ago.
i just need to know if im at risk of losing my son. i need to know if there's a chance i could lose custody over this issue....if he decided to take me to court.
Expert:  Joseph replied 6 years ago.

Please tell me more about the criminal charge:

 

  • When was it?
  • What, specifically, were the allegations?
  • Did he go to prision? If so, when was he released?
  • Is he under any form of supervision at this time?
  • Does he have any other criminal history?

 

Thank you.

Customer: replied 6 years ago.
it happened a couple years ago. the charge was for endangerment, there was not enough evidence to prove it was intentional, not enough evidence to prove it wasnt.; however his lawyer recommended he take a plea bargain of 1 year or he could have faced up to 8 years. so he took the plea, but the time he actually served was more because when he was accused he went out drinking, and got a dui. he served one year in california prison, he is not on probation or on paroll, it was a complete accident. he was just released in oct. he served 11 years in the navy prior to this, with an honorable discharge, nothing else on his record.
Expert:  Joseph replied 6 years ago.

Released in October of 2010?

 

Please tell me a little more about him; how old is he, does he work now, does he have any children of his own, etcetera.

 

Thank you.

Customer: replied 6 years ago.

he is 33, he has 3 kids of his own, he is stlll very involved in his own kids lives, even his son whom was the child injured. he still has all his parental rights. he is currently working at a local factory. his children do not live in the same state we do. but he does communicate with them on a daily basis and goes as often as he can to see them. he was playing and wrestling with his son and his sons leg got broke. he immediately took him straight to the hospital where ncis was called because he was living on a naval base at the time. he had just gotten discharged from the navy.

Expert:  Joseph replied 6 years ago.

Please understand that it would be impossible for an attorney, any attorney, to tell you with certainty what will or will not cause you to lose custody, all we can do is provide some information and direction. To that end...

 

From what you've stated, I would suggest that there is not enough here to cause you to lose custody of your son. As I suspect you know, anything can be raised as an issue for custody. That could include the financial status of the parents, the mental and physical well-being of the parents and their ability to facilitate the relationship with the child and the other parent.

 

With this gentleman having just the one prior charge, and that one being rather weak, my thought is that it isn't enough, in and of itself, to change the custodial arrangement.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 2 other Family Law Specialists are ready to help you
Expert:  Joseph replied 6 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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