How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Solutions Your Own Question
Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
5180018
Type Your Family Law Question Here...
Daniel Solutions is online now
A new question is answered every 9 seconds

In a child custody case are the potential gardians record

Resolved Question:

In a child custody case are the potential gardian's record of arrest admissable even if the case was dismissed or found not guilty?
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.

Hello,
Thank you for allowing us to assist you with this problem.

 

Yes, the court can consider prior arrest even if the case was dismissed or found not guilty unless the information has been expunged.

Customer: replied 5 years ago.
That seems a bit unfair since a verdict of not guilty exonerates the individual and the introduction could be prejudicial. Is it only in criminal court where prior bad acts are inadmissable?
Expert:  Daniel Solutions replied 5 years ago.

Though it is true prior non-convictions can not be used against you on a criminal law matter there issue is different for family law. The court can and does consider any factor that the judge believes can affect the best interest of the child.

The only way to prevent this would be to obtain an expungment of the arrest.

Daniel Solutions and 5 other Family Law Specialists are ready to help you