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Can a father get custody of his child with a criminal record and the mother no criminal record?
Wiki User
∙ 13y ago
It is possible, yes. It is unlikely, however.
Most states use "the best interest of the child" standard to determine custody and visitation. The court would have to determine that the child would be better off with the father than with the mother, looking at each's circumstances and track records. The fact that the father has a criminal record does not automatically exclude him, but it will probably be taken as a sign of his bad character.
Of course, the date the offense was committed and the type of offense will make a huge difference here.
Wiki User
∙ 13y ago
Wiki User
∙ 10y agoThis can depend on what the criminal record involves. If it something that could potentially put the children in harms way, then it's possible. It's best to seek the advice of a lawyer if it could potentially cause a problem.
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When would one parent get sole custody of children?
If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much be unfit such as abuse, drugs and/or prison record for the mother to get full custody. That is pretty much when the only time I have known any parent to get full custody of their children.
Is it possible for a father that has a history of abuse and a felony on his record to gain any type of custody?
if its taken to court and the mother has a clean record she will most likely get custody of the child and if the father does not pay child support he has no rights at all..(im going though this same thing in court) about the only way he can is if he proves that the mother is unfit
Can you get full custody of your children if your ex-husbands new wife has a criminal record?
I doubt it. Many have a criminal record from their youth for instance and that does not stop them from being great parents. So unless she is doing criminal things now you will not get full custody.
My sons father has a few domestic violence cases on his record and went to jail and rehab now he wants joint custody is that possible?
Yes in some states and counties it may be possible for the father of your sons to obtain joint custody despite his past criminal record of domestic violence and rehabilitation which could also help him.
Do you have a criminal record if you where brought home by the cops?
No. Not unless you were actually taken into custody.
Can a father with no legal custody have to consent to mother leaving state with child?
If there is joint custody of the child then the father should be told by the mother where she is going with the child and for how long. If the mother wants to live in another State the courts will have to decide visitation rights. Example: The father has may have the child one or two weeks during the summer; possibly Christmas or alternative Christmas', etc. If the father does not have joint custody then the mother can leave with the child to another State without his permission, but to be fair to the child the father should be informed unless the father has a criminal record; drugs, etc., and is an unfit father.
Can I be a part of my child's life if I'm not listed as the father on his birth certificate?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can a father win custody if the mother has a boyfriend with criminal charges?
That depends on the nature of the crime and state law where you reside. If the father applies for custody modification based on the mother's boyfriend's criminal record, everything will be examined including, as stated earlier, the nature of the crime, whether the person has served out their time and/or provisions of parole or probation and their current lifestyle. If the court feels that the boyfriend's presence would present a danger to the child's welfare, a modification may be granted. You would need to confer with an attorney specializing in family law in your state of residence, providing him/her with information specific to your case for more information.
Does California automatically grant unwed mother sole custody of child?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
Does time in juvie go on youre permanate record?
Time in custody does not go on a criminal record. Your criminal record shows what you were convicted of and when, not what the punishment was. A conviction of a crime as a juvenile generally doesn't go on a lifetime criminal record. Instead, it is usually held in a sealed record. However, it is sometimes required that the juvenile petition that the record be sealed upon his/her 18th birthday. This depends on the state.
If you have a criminal record would you win primary custody if you have a better environment?
Yes, though the circumstances of the conviction may be a consideration.
If the noncustodial parent has a criminal record due to drugs would that count against her in a custody case against stepparent?
probably
