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...

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!

Asked on by alexis30

1 Answer

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santari | eNotes Employee

Posted on

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.