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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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I am currently engaged to be married in September. My fiancé

Resolved Question:

I am currently engaged to be married in September. My fiancé is currently incarcerated on manslaughter charges. The crime is from 2006 when he was 18. We're now 25. My sons adoptive father (te adoption was finalized in July 2012) advised me that the day I get married is the day he will file for full custody and supervised visits. He says m son will never be atound my fiancé. My fiancé doesn't have an out date yet; he goes to the Parole board in September. Would the judge grant him full custody of my son simply because my fiancé is in prison, and due to to nature his charges?
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

No, manslaughter by its nature, means it was an accident. There is nothing about someone's character in a conviction of manslaughter. It just means there was an accident and someone died.

BizAttorney :

If he had meant to do it, it would be murder, which would affect custody.

BizAttorney :

In order for manslaughter to affect custody, they would have to show that your son being around him would be dangerous.

BizAttorney :

So as long as they can't prove that or convince the judge of that, then that will not affect custody at all.

Customer: His original charge was 2nd Degree murder and it was dropped to voluntary manslaughter.
BizAttorney :

You will need to address it, but can testify regarding the facts of the conviction. It probably wasn't against a child, etc.

Customer: No. He is a first time offender and has no crime on a child.
BizAttorney :

Great, then as long as you two don't get physical when you fight, there should not be much you have to say to the judge.

Customer: Thank you so much for your help!
BizAttorney :

You are very welcome and I wish you the best of luck! Have a good night and please give me feedback so I can continue to help others.

Customer: Thank you, XXXXX XXXXX well!
BizAttorney :

Good night!

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
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