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Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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My husband has a felony -violent crime involving a minor. I

Customer Question

My husband has a felony for non-violent crime involving a minor. I have two minor children from a previous marriage. How will or does his conviction affect the children and I in regards ***** ***** fear of CPS getting involved. My youngest (6yrs old) has recently been diagnosed with ADD and anxiety and soon will begin counseling. My husband is concerned that any formal involvement in counseling or other will prompt CPS to get involved and start monitoring him putting me at risk of loosing custody of my children. Is there any truth to this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.

There is some degree of truth to this in that CPS can get involved under the circumstances. The best way to approach the issue is for your husband to submit to a psychiatric evaluation seeking clearance to be around your children. If you have a physician sign off on his being around the children, then you at least have a very strong mechanism to fight off any issue with CPS.

That said, you need to make sure that his judgment of conviction does not preclude him in any way from being around children. If it does, in addition to seeking a clearance letter, as referenced above, you will also need to file a petition with the court of conviction to amend the terms of his conviction to allow him to live with and/or be around your children.

Please rate my answer positively and let me know if you have any other questions or comments.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you had any additional questions. I want you to be as comfortable as possible moving forward. Thanks