How Will Going to Jail Affect a Custody Case
My question involves a child custody case from the State of: California.
Hello, I recently went to jail on a simple battery charge (my first offense EVER and pulling a girl's hair for posting a picture of my son on a social site and refusing to take it down) and I was only there for 3 days. My son is 7 months old and his father is trying to get full custody of him. My son also has Sickle Cell and his medical insurance is through me. My son's father does not have any income, nor does he have a permanent residence. He alternates in between living at his mom's small one bedroom apt, his dad's house in a small shared bedroom sleeping in a twin sized bed, or in a single apt that is leased in his sister's name, but she's moved in with her husband and only keeps the single apt so that their older brother can live there illegally. There is no bed there, just a broken pullout couch and an air mattress. He smokes marijuana and so does every person in his family, including his parents and step mother, and they all partake inside the house along with cigarettes. They are also heavy drinkers. He has a warrant for his arrest for not turning himself in to law officials this past June. I also have emails of him continuously threatening myself and my older brother, proving that he has an uncontrollable temper and that he's violent. My question is, because of my "criminal history" what is the possibility of the courts granting him full custody, and if denied; what are the chances of him being granted joint custody?
Re: I Went to Jail, Can My Son's Father Get Custody
He has an excellent chance of joint custody (which doesn't equate to equal time between both parents).
One thing though.
You talk about Dad's temper. His violence.
Was he the one who pulled someone's hair because of a stupid Facebook issue? Seriously?
Re: I Went to Jail, Can My Son's Father Get Custody
Not much help, but nevertheless; thank you! Maybe I should rephrase for better results; what are my chances if possible to be granted FULL CUSTODY considering the facts mentioned?
Re: I Went to Jail, Can My Son's Father Get Custody
I'll answer despite your snotty attitude.
First, don't go to court all uppity and butt hurt. I'm being honest - the very second you try to bring up his violent temper, he or his attorney is going to throw your little incident right back at you. Don't forget, slinging mud leaves your own hands dirty.
Second, honestly? The only thing you have on your side is status quo. Forget everything else - the living arrangements, his lack of income. Focus on you being the child's primary caregiver.
Re: I Went to Jail, Can My Son's Father Get Custody
I apologize if I came off as "snotty", 'twas not intended. Thank you for your advice!
Re: I Went to Jail, Can My Son's Father Get Custody
You said "twas"! That is a beautiful thing to see :)
Of course now I have to incorporate it into every post...
Re: I Went to Jail, Can My Son's Father Get Custody
Lmao, I'm glad you appreciate it :-D
Re: I Went to Jail, Can My Son's Father Get Custody
Oh heavens, Mom. We (the folk who try to help) get all kinds of angry, uppity posts from people who don't appreciate the legal reality. Sometimes we snark, yes. But it's such a nice break when a parent isn't just civil, but wants to actually learn.
Honestly? I think that's why we do it. The hope that even one person out of 100 wants to learn. That kind of makes my day :)
Re: I Went to Jail, Can My Son's Father Get Custody
I went from anxious and completely in the dark, to now having an idea of what to expect because of your advice. I can't be anything but gracious :)
Re: How Will Going to Jail Affect a Custody Case
Your chance of sole custody is very low. Your child is 7 months old and less than 2 years ago, you thought dad was such great genetic material, you were schtupping him freely and joyfully. That is what the court will mainly consider since you both seem to lack diplomacy skills.