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RobertJDFL, Attorney
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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: 8 years ago.
Category: Legal
Expert:  RobertJDFL replied 8 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.


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