Ask a Lawyer and Get Answers to Your Legal Questions
Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Can you tell me, is he currently on parole?
There is no law that would prohibit you living together. I asked about parole, since they could make a condition of parole that he not be around minor children...so if he were on parole, that could be a basis to prevent him from living with you, his spouse.
But if he is not on parole, there is no law or rule that prohibits you from living together as a family
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Ahh...that is a separate issue. CPS can NOT take your child away...ONLY a court can. Now...is it possible a court could seem to remove your rights to the child for you living with this man?
Well...in theory they could. I mean, if CPS believes he is a danger to the child they could ask the court to take away your rights. But they have to prove it...they have to prove that the child is in danger...and what you are describing? Unless there is more to this story there is not sufficient evidence to remove your rights to the child simply for living with your spouse
Possible? Sure...in theory. The court has broad power to protect children...if they feel you are exposing the child to a harmful situation, they can take the child away.
My point is that unless there is more to this, it is highly unlikely the court would take your rights away.
It does make sense...and again, in theory, the court COULD take away the child from you IF there is evidence that the child is in danger...but what you are describing, I do not see it...I do not see sufficient evidence to allow a court to remove the child from you