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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101354
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Although Ive run prior background checks, a new check yesterday

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Although I've run prior background checks, a new check yesterday revealed that my ex-husband has a criminal offense from 1/99. This was 5-months after we married and also the month that he quit his high school teaching job. He will ignore my request for information regarding this case. Based on him not replying, can I ask the judge to extend my son's custody with me until the results of this criminal offense can be clarified, or is this too old? My guess is it is not a coincidence he quit his teaching job the same month this was put on his record.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Do you currently have a custody hearing date COMING UP, or, by "extend" custody, do you mean to deny him his time with the child until this matter is clarified?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

My son is with me for the summer and is counseling due to his father's refusal to keep his boyfriends out of my son's room (according to my son).CPS will not help. He is supposed to return to California 8/24/13. I would like to file an ex-parte using the information on this background check (along with that of the therapist). It is my understanding, now, that I have to have the judge issue a subpoena for the criminal information is the ex won't give it freely (which he won't).


 

C,

Okay, thank you.

Based on him not replying, can I ask the judge to extend my son's custody with me until the results of this criminal offense can be clarified, or is this too old?

I am afraid unless there is a serious issue of neglect, abuse, or otherwise, an emergency ex-parte will not be successful in most cases. The child has to be in immediate danger. Simply the father having a record and/or not revealing it is not enough.

However, if you can get a copy of the record and it shows something serious like a sexual offense, then it may be.

You do NOT have to subpoena the criminal record. It is PUBLIC RECORD. If you tell me what county/state the record is likely from, I will tell you how to get a copy. Once you ascertain what it is, then you can know whether or not it constitutes an emergency that can justify an ex-parte.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 3 years ago.

Fresno CA Criminal Court ... I've run the link from their website with the DC# XXXXX B (booking?) number ... no hits. tried Megan listing .. no hits.


 

Claire,

The best way to get one's criminal record is via a request to the state - see here.

However, a faster way may be via an online private company service such as www.intelius.com or www.beenverified.com.

Good luck.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely and other Family Law Specialists are ready to help you
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Customer: replied 3 years ago.

When filing an ex-parte, do I include declarations and submit a copy of the written order I'd like to see?

C,

Hello! I am not sure what you mean by "declarations?"
Customer: replied 3 years ago.

Statements from witnesses

Thank you.

It is a good idea to include declarations, but they should also be notarized.

Yes, a proposed order is recommended, as the Court expects the party to have a proposed order for it to sign after hearing.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely and other Family Law Specialists are ready to help you