Home > Law Group > Question and Answer

Law Group

Question:

alexis30
alexis30

how can my boyfriend get custody of his son when he has a criminal record, but has completly turned his life around?

The mother has a different guy every night and/ or every week and sometimes she's not there so we have to leave them with a different guy all the time. The mother threatens that she will accuse him of kidnapping if we don't do exactly as she says. It's not fair and i don't know what to do? Please help us get his son back!

Rate question:

Posted by alexis30 on Tuesday February 17, 2009 at 7:41 PM and tagged with child custody, child neglect, children, law.

Answers:


  1. santari

    eNotes Editor

    Child custody laws vary from state to state, but generally speaking it is only a court that can grant a change in custody or approve a change in a parenting plan.  It might be difficult to get a change in custody with a criminal record. It might not seem fair but the law is not always fair, unfortunately.

    Having said that, a criminal record is not the only factor a judge will consider in child custody matters.  The best interests of the child will always be paramount.

    You would be best served consulting with a lawyer familiar with child custody issues in your jurisdiction.  Most likely, an attorney will tell you that your options are 1) trying to get a change in custody approved by the court or 2) making an agreement with the mother and getting that agreement approved by the court.

    Sources:
    http://singleparents.about.com/od/legalissues/a/custody_l...

    Rate answer:

    Posted by santari on Tuesday February 17, 2009 at 10:56 PM