Remarriage to a Convicted Felon

[sweetgina70]

My question involves marriage law for the State of: Wisconsin

My boyfriend has a felony. He's asked me to marry him. His crimes were not of a violent nature nor were they sex crimes. I have two minor children (11 and 14). Could their father take them away from me if I choose to marry someone who has a felony?

[Baystategirl]

My question involves marriage law for the State of: Wisconsin

My boyfriend has a felony. He's asked me to marry him. His crimes were not of a violent nature nor were they sex crimes. I have two minor children (11 and 14). Could their father take them away from me if I choose to marry someone who has a felony?

What is the conviction? Is that his only conviction? When was his last run-in with the police?

[sweetgina70]

One was for unlawful use of a vehicle and the other was theft of a chemical to produce meth. He's currently in a new place which is where he will be until his release in June. He's only been in prison about a year. He's also in Texas and I am trying to decide if I should move there or have him move here...if he can. He had is run in with the law a while ago but quit paying on his fines and such and finally decided he wanted to put his past behind him and become a better man so he turned himself in.

[Baystategirl]

One was for unlawful use of a vehicle and the other was theft of a chemical to produce meth. He's currently in a new place which is where he will be until his release in June. He's only been in prison about a year. He's also in Texas and I am trying to decide if I should move there or have him move here...if he can. He had is run in with the law a while ago but quit paying on his fines and such and finally decided he wanted to put his past behind him and become a better man so he turned himself in.

The drug conviction is the more serious. If I were the NCP I would file for a change in custody...And you would also have to get permission of NCP to move the children out of state or the courts permission. Do you really think a Judge will find it to be in the CHILDREN'S best interest to be moved thousands of miles from their father, so that mom can live with her drug felon boyfriend? I, personally, don't think so.

You really need to put your children's needs before your own...What you are thinking of doing is not fair to them.

[sweetgina70]

Ok in all fairness the drug charge was a long long time ago. And no I don't really want to move them. The NCP has made enough "bad choices" that his own children ignore him with they see him. I have asked him to try going to a councelor but he doesn't want too. And the BF decided to straighten up his past. Based a lot on my suggestion. His mistakes were a while ago... he's just paying for them now. I do see your point, however, but what my original question was.... could he, by law, due to the felony, take my children from me if the BF were to move here and be with me. Is there a law that states he can take the children baised on the fact that there is someone in the home with a felony? I ask because I know of a father who has a felony who ended up with sole custody. Was that a rare case or is there a law for NCP to have a right to take the kids if the other parent is involved with someone who has a felony?

[Baystategirl]

Ok in all fairness the drug charge was a long long time ago. And no I don't really want to move them. The NCP has made enough "bad choices" that his own children ignore him with they see him. I have asked him to try going to a councelor but he doesn't want too. And the BF decided to straighten up his past. Based a lot on my suggestion. His mistakes were a while ago... he's just paying for them now. I do see your point, however, but what my original question was.... could he, by law, due to the felony, take my children from me if the BF were to move here and be with me. Is there a law that states he can take the children baised on the fact that there is someone in the home with a felony? I ask because I know of a father who has a felony who ended up with sole custody. Was that a rare case or is there a law for NCP to have a right to take the kids if the other parent is involved with someone who has a felony?

Yes. He can file for a COC based on your boyfriend (convicted of drug charges) moving in with his children.

I ask because I know of a father who has a felony who ended up with sole custody

Your boyfriend is NOT the children's father. He is a legal stranger. So your above statement is irrelevant to your situation.

[sweetgina70]

You know I really thought this site was for information NOT personal opinion. I guess I can just go ahead and delete this site. If everyone replies they way you do with your own personal bias then there is no point in even asking any further questions.

[Baystategirl]

You know I really thought this site was for information NOT personal opinion. I guess I can just go ahead and delete this site. If everyone replies they way you do with your own personal bias then there is no point in even asking any further questions.

What are you talking about? I gave you the legally correct answer. Dad can file for change of custody because of change of circumstance. That isn't my personal opinion that is a legal fact.

If you are taking offense at the term "legal stranger" then don't. That is what a court calls ANYONE who is not the mother or father. That would be grandparents, aunts, uncles...EVERYONE! You are comparing a felon father gaining custody with your own situation...They are not LEGALLY comparable. That is not my opinion, that is a fact. Period.

geesh!

[LawResearcherMissy]

You know I really thought this site was for information NOT personal opinion.

She gave you the legally correct information.

No one here cares if you're not happy with legally correct information. This isn't a "tell people what they want to hear" venue.

[sweetgina70]

I'm not asking you to tell me what I want to hear but to me, and I'm sorry if I misunderstood, your answer was dripping with sarcasm. Also, I checked with his family and he DOES NOT have any drug charge. It is only theft. All I was looking for was a simple, here's the facts, kind of answer. Not your opinion on what is best for my children. Do not presume the father is what is best for them without asking about the circumstances. That's all I was saying when I said "personal biased opinion". Sorry if I misunderstood "Do you really think a Judge will find it to be in the CHILDREN'S best interest to be moved thousands of miles from their father, so that mom can live with her drug felon boyfriend? I, personally, don't think so.
You really need to put your children's needs before your own...What you are thinking of doing is not fair to them. as "legal advice" however, I do appreciate the actual legal advice you did give me.