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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12250
Experience:  JD, MBA
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i have been married for almost 15 years and have 2 children

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i have been married for almost 15 years and have 2 children ages 8 and 11.
i want a divorce.
issue..a few years ago i was addicted to pain killers. i got arrested for writing a fake script. BUT..i went through a Diversion program and the whole thing was dropped and expunged. clean BCI check, no record of it etc. i have been clean since then by taking suboxone and being in counseling/treatment.
can this be used against me in court for custody? if it was expunged can my husbands lawyer use it to show i am a bad mom or something?
Hello and thank you for allowing me the opportunity to assist you.

If the addiction and arrest was years ago, then I doubt it will be much of a factor in the decision regarding custody. Assuming you are both average parents (i.e., good people), and not currently in trouble because of drugs or other similar problems, then the judge will likely grant joint custody in which there is shared time. Usually, the primary caregiver has the children for most of the time, while the other parent has a night or two during the week, and every other weekend (of course, it also depends on the parents' own schedules from work, etc.). But the point is that judges generally grant joint custody when possible, since it is considered to be in the children's best interests for both parents to be as involved as possible.

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Customer: replied 4 years ago.

my worry is, when we fight and i threaten to leave, he threatens to take the kids. if he wanted to take custody could he use it against me legally? if something is expunged can it be brought up?

Hi again.

If by "use it against you," you mean can he bring it up in court and try to make a big deal about it? Yes, your husband can tell the judge about your past drug problem. Will the judge hold it against you? Not likely because it was in the past and you no longer have the problem.

But it can be brought up regardless of whether it was expunged.

Customer: replied 4 years ago.

what is the point of having a case expunged if it can be brought up in court and used against you?

i understand he can say i used drugs, but the arrest? why did i go through all the trouble to expunge it if it does not matter? i am confused.

Hi again.

An expunged case does not appear on background checks. So, if an employer conducted a background check, the expunged crime will not appear. But your husband can still bring it up in court. Again, I doubt the judge will give it much weight, and will likely think that it's irrelevant.

Does that help?
Customer: replied 4 years ago.

lol, no, was hoping it would go away. but hopefully the judge does not give it weight. thank you.

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