Can my soon to be ex-husband take custodyof our kids if he has a criminal record and no means of support?
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Can my soon to be ex-husband take custodyof our kids if he has a criminal record and no means of support?
Were married 1/21/94. He has been in and out of jail, is a convicted felon, and has at least 1drug possession charge( that I know of). He smokes weed in front of our kids, is behind like $1500 in child support, doesn’t work, and lives with his parents. When I told him that I didn’t want him in my life anymore he stopped seeing the kids for 3 months. He is mad becausee I won’t give him a second chance (he’s had plenty), and because I have been talking to a friend who is in jail and is looking to start a new life when he gets out. My husband doesn’t want him around our kids, so he’s going to try for custody when we divorce.
Asked on November 22, 2010 under Family Law, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When the court decides custody cases they work under the premise of what is in the best interest of the child or children. Generally speaking courts like parties to work out the issues themselves as to custody and visitation. They also do not like to take custody from a parent unless again, it is NOT in the best interests of the child or children. As for how the fact that he is a felon plays in the custody issue, that issue will need to be weighed by a Judge and who's what's when and where's will matter. I would speak with a divorce attorney in your area on this matter and let him or her advise you. Good luck.
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