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 RobertJDFL Your Own Question
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 11977
Experience:  Experienced in multiple areas of the law.
Type Your Legal Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

My husband is a convicted felon. Can he get joint custody

Resolved Question:

My husband is a convicted felon. Can he get joint custody of our children?
Submitted: 7 years ago.
Category: Legal
Expert:  RobertJDFL replied 7 years ago.

Thank you for your question.


Honestly, it depends. Being a convicted felon does not automatically terminate his rights to his children or to get custody. And, a court wants to ensure that children at least have regular contact with both parents whenever possible. But, when deciding on custody and visitation, a court will always look to do what is in the "best interest of the child." They do this by considering a number of factors, which can vary in every case but generally include (among other things):


  • The age of the children (and their wishes, in some cases, if they are old enough to have a say)
  • The stability of both parents
  • The financial capabilities of both parents to provide for the children
  • Each parent's ties to the community and connections with family
  • The childrens' emotional, physical and mental well-being
  • Which parent will foster good relations with the other parent if awarded custody
  • Past history of each parent, including history of violence or abuse

Ultimately, the court will consider your husband's prior record as a factor in determining custody. How much of an impact it has along with everything else also depends on the nature of the crime and how long ago it was. For instance, a DUI conviction from 20 years ago will not have as much an impact as a 2 year old conviction for armed robbery. Certainly, he goes into it with a strike against him, but that doesn't necessarily mean he couldn't get custody.



Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.


I hope you found my answer helpful. 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-no payment for my time and effort is made until you click accept. A BONUS TIP is also appreciated. 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! Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.



RobertJDFL and other Legal Specialists are ready to help you

Related Legal Questions