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Gaining Custody When You Have a Bench Warrant

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  • 09-26-2014, 12:09 PM
    coconutgrl11
    Gaining Custody When You Have a Bench Warrant
    My question involves a child custody case from the State of: California
    My husband and I want to go and get full custody or a least visitation of his son. I am wondering if since he has a bench warrant in another state, will this cause a problem when we go to court? Is it going to come up in the system? Will he be taken into custody? Will it prevent us from getting custody?
  • 09-26-2014, 12:13 PM
    BooRennie
    Re: Gaining Custody
    Quote:

    Quoting coconutgrl11
    View Post
    My question involves a child custody case from the State of: California
    My husband and I want to go and get full custody or a least visitation of his son. I am wondering if since he has a bench warrant in another state, will this cause a problem when we go to court? Is it going to come up in the system? Will he be taken into custody? Will it prevent us from getting custody?

    You won't be getting custody. Your husband may receive visitation, but that is all dependent upon the facts.
  • 09-26-2014, 12:28 PM
    coconutgrl11
    Re: Gaining Custody
    I realize "I" wont get anything my husband will. If he clears up his bench warrant will he be able to get custody? The child is not with the mother at this point either...the child's aunt has custody.
  • 09-26-2014, 12:46 PM
    Dogmatique
    Re: Gaining Custody
    Custody through the courts?

    How old is the child and how often has Dad seen the child?
  • 09-26-2014, 12:58 PM
    coconutgrl11
    Re: Gaining Custody
    Yes, custody through the courts.
    He just turned 7 at the beginning of the month. Dad saw him quiet a bit until last year. He told the mom he was going to go for custody, and she went into hiding.
  • 09-26-2014, 04:49 PM
    llworking
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting coconutgrl11
    View Post
    My question involves a child custody case from the State of: California
    My husband and I want to go and get full custody or a least visitation of his son. I am wondering if since he has a bench warrant in another state, will this cause a problem when we go to court? Is it going to come up in the system? Will he be taken into custody? Will it prevent us from getting custody?

    This is about the dumbest question I have ever heard asked on these forums. Not just the whole "we" bit ...which is idiotic,..but the whole idea that his bench warrant might not matter.

    Why in the world would you think that your husband could get custody in that scenario?
  • 09-27-2014, 05:57 AM
    budwad
    Re: Gaining Custody When You Have a Bench Warrant
    I think it depends on why there is a bench warrant. If, for example, it is for non-payment of child support or something related to a traffic violation it may not be so bad in a custody case. But that doesn't mean he won't get arrested when he enters the court.
  • 09-27-2014, 08:55 AM
    BooRennie
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting budwad
    View Post
    I think it depends on why there is a bench warrant. If, for example, it is for non-payment of child support or something related to a traffic violation it may not be so bad in a custody case. But that doesn't mean he won't get arrested when he enters the court.

    If you'll refer to OP's other thread here, all your questions about the bench warrant will be answered.
  • 09-27-2014, 10:01 AM
    llworking
    Re: Gaining Custody When You Have a Bench Warrant
    Ok, after reviewing the other thread its crystal clear that your husband needs to resolve his outstanding criminal issues before he even dreams of trying to initiate any kind of custody action.

    First, unless the aunt is stupid she will check his record and find out about the warrant for skipping the state while under charges for car theft...or if the state is involved the state will find out. Then, when he enters the courtroom he WILL get arrested...and any chance of custody will be right out the door.

    Again, he needs to resolve his criminal cases before he starts anything else.
  • 09-27-2014, 10:53 AM
    EA1070a
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting llworking
    View Post
    This is about the dumbest question I have ever heard asked on these forums. Not just the whole "we" bit ...which is idiotic,..but the whole idea that his bench warrant might not matter.

    Why in the world would you think that your husband could get custody in that scenario?

    I think your response here was unnecessarily rude, LL. Plenty of partners use the word "we" in these situations. Legally? Yes, it is only the parent who will be seeking custody, modification, etc, etc.. But for a newbie or even a long time step-parent it's a situation that impacts the couple and the family as a whole. So legally incorrect? Yes. But realistically? Not idiotic at all. I've always wondered if you have ever been a step-parent. I have been a step-parent for 20 years and while all orders were directed towards my husband, they affected both of us. For those without any legal background, it's easy to fall into the "we" mindset.

    And there is no such thing as a dumb question, only dumb responses meant to belittle someone asking for information about the person they love.

    I don't like biting unless a poster gives a reason to bite. This was crappy.

    To the OP, your husband absolutely must clear up the criminal proceedings in Vegas before he makes any attempt whatsoever to go for custody. Was he ever married to mom? If not, has paternity been established and is a visitation order currently in place? If so, how much time has he spent with his child pursuant to a visitation order?

    From your post I'm going to extrapolate that visitation has not been established. If so, going from no visitation to an award of primary physical custody is a huge leap that would require extraordinary circumstances to have taken place.
  • 09-27-2014, 12:50 PM
    llworking
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting EA1070a
    View Post
    I think your response here was unnecessarily rude, LL. Plenty of partners use the word "we" in these situations. Legally? Yes, it is only the parent who will be seeking custody, modification, etc, etc.. But for a newbie or even a long time step-parent it's a situation that impacts the couple and the family as a whole. So legally incorrect? Yes. But realistically? Not idiotic at all. I've always wondered if you have ever been a step-parent. I have been a step-parent for 20 years and while all orders were directed towards my husband, they affected both of us. For those without any legal background, it's easy to fall into the "we" mindset.

    And there is no such thing as a dumb question, only dumb responses meant to belittle someone asking for information about the person they love.

    I don't like biting unless a poster gives a reason to bite. This was crappy.

    To the OP, your husband absolutely must clear up the criminal proceedings in Vegas before he makes any attempt whatsoever to go for custody. Was he ever married to mom? If not, has paternity been established and is a visitation order currently in place? If so, how much time has he spent with his child pursuant to a visitation order?

    From your post I'm going to extrapolate that visitation has not been established. If so, going from no visitation to an award of primary physical custody is a huge leap that would require extraordinary circumstances to have taken place.

    I agree that I was unnecessarily harsh with the poster. However, I honestly cannot fathom how anyone could think about trying to fight a custody battle if they have an arrest warrant out against them. Even if you are not educated on the law, that would simply be common sense.
  • 09-27-2014, 03:01 PM
    EA1070a
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting llworking
    View Post
    I agree that I was unnecessarily harsh with the poster. However, I honestly cannot fathom how anyone could think about trying to fight a custody battle if they have an arrest warrant out against them. Even if you are not educated on the law, that would simply be common sense.

    There are all types of things that I can't fathom people not knowing that I know. :) Still, we do possess knowledge that many do not.

    It all depends on the offense for which the warrant was issued. FTA on a traffic offense? No biggie, really. A warrant for trafficking in child pornography? Completely different story.

    OP - your spouse absolutely has to resolve the issues in Vegas before he even begins to contemplate legal action in CA regarding his child.

    Once that's cleared up, he has several steps to go through in CA before he can obtain visitation. I see no reason why he couldn't obtain visitation rights based on car theft. But again, it goes back to:

    Were he and mom married?
    If not, was paternity established?
    If not, paternity will have to be established and he'll have to file for visitation.

    If the child doesn't know him, your spouse can expect supervised visitation while he gets to know the child, eventually moving towards unsupervised visitation.

    If paternity has already been established, was a visitation schedule issued through the court?

    Absent a continuous and ongoing relationship with the child, I don't see an award of primary physical custody happening in the foreseeable future. That's unrealistic.
  • 09-27-2014, 03:29 PM
    Dogmatique
    Re: Gaining Custody When You Have a Bench Warrant
    (Not to kill the dead horse but.....)

    Let's think about this another way. Family court is not criminal court and vice versa. That's logical. It makes perfect sense. Thus, it's an easy step to "Maybe criminal stuff won't come up at all in family court".

    Believe it or not, outstanding warrants won't be touched in family court here unless we're talking about a felony. Simple bench warrants? "You will take care of that after these proceedings Capisce?" would be uttered from my (least) favourite commissioner....unless you're unlucky enough to get her for your custody case AND your criminal case.

    (It would also appear that llw and I have swapped places :D )
  • 09-27-2014, 04:53 PM
    EA1070a
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting Dogmatique
    View Post
    (Not to kill the dead horse but.....)

    Let's think about this another way. Family court is not criminal court and vice versa. That's logical. It makes perfect sense. Thus, it's an easy step to "Maybe criminal stuff won't come up at all in family court".

    Believe it or not, outstanding warrants won't be touched in family court here unless we're talking about a felony. Simple bench warrants? "You will take care of that after these proceedings Capisce?" would be uttered from my (least) favourite commissioner....unless you're unlucky enough to get her for your custody case AND your criminal case.

    (It would also appear that llw and I have swapped places :D )

    He's more inclined to be hauled into the pokey for getting pulled over for something lame, like a broken tail light.
  • 09-28-2014, 03:13 AM
    llworking
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting Dogmatique
    View Post
    (Not to kill the dead horse but.....)

    Let's think about this another way. Family court is not criminal court and vice versa. That's logical. It makes perfect sense. Thus, it's an easy step to "Maybe criminal stuff won't come up at all in family court".

    Believe it or not, outstanding warrants won't be touched in family court here unless we're talking about a felony. Simple bench warrants? "You will take care of that after these proceedings Capisce?" would be uttered from my (least) favourite commissioner....unless you're unlucky enough to get her for your custody case AND your criminal case.

    (It would also appear that llw and I have swapped places :D )

    You might want to read this attorney blog:

    http://www.shouselaw.com/nevada/auto-theft.html
  • 09-28-2014, 04:41 AM
    Dogmatique
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting llworking
    View Post
    You might want to read this attorney blog:

    http://www.shouselaw.com/nevada/auto-theft.html


    In my defense, I didn't pay much attention to the OP's other stuff...

    ...but now that I have, all I can say is " Uh....OH HELL NO y'alls husband ain't gettin' no custody!"

    (Which sounds really stupid in my accent. Did I use "y'alls" correctly?)

    L my dear, I'm quite literally lost for words. Next time someone tells me to check post histories, I promise I will. Grand theft... how in God's name do you "forget" about that charge?! Forgetting your wallet, forgetting your grandkids had a soccer match this weekend, fair enough. But that?!

    And a bit of serious advice for this OP: you are going to get dragged down with your husband. If that's what you want, read no further. But if you want any semblance of normality in your life, you REALLY need to consider this extremely carefully. What sort of job do you think he can get with that felony on his record? Do you really believe that this was all the work of a bitter ex? Or a misunderstanding? Come on hon, you me and everyone else here knows that's not exactly an accurate portrayal of the circumstances.

    Even worse, do you think he's going to treat you like gold once he's sick and tired of not being able to land a decent job?
  • 09-28-2014, 08:26 AM
    BooRennie
    Re: Gaining Custody When You Have a Bench Warrant
    Quote:

    Quoting Dogmatique
    View Post
    In my defense, I didn't pay much attention to the OP's other stuff...

    ...but now that I have, all I can say is " Uh....OH HELL NO y'alls husband ain't gettin' no custody!"

    (Which sounds really stupid in my accent. Did I use "y'alls" correctly?)

    L my dear, I'm quite literally lost for words. Next time someone tells me to check post histories, I promise I will. Grand theft... how in God's name do you "forget" about that charge?! Forgetting your wallet, forgetting your grandkids had a soccer match this weekend, fair enough. But that?!

    And a bit of serious advice for this OP: you are going to get dragged down with your husband. If that's what you want, read no further. But if you want any semblance of normality in your life, you REALLY need to consider this extremely carefully. What sort of job do you think he can get with that felony on his record? Do you really believe that this was all the work of a bitter ex? Or a misunderstanding? Come on hon, you me and everyone else here knows that's not exactly an accurate portrayal of the circumstances.

    Even worse, do you think he's going to treat you like gold once he's sick and tired of not being able to land a decent job?

    Bloody 'eck no; Y'all is plural, not singular. :eagerness:
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