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In a child custody case are the potential gardians record

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In a child custody case...
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: 6 years ago.Category: Family Law
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Answered in 1 minute by:
6/1/2011
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 6 years ago
Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9,934
Experience: Practicing Attorney for over 15 years
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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.

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Customer reply replied 6 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?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 6 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.

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