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  1. #1
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    Sep 2013
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    Exclamation Will Marriage to a Felon Affect Child Visitation

    My question involves a child custody case from the State of: California
    I am considering marrying a convicted felon that has a mistermenior car theft and felony evading the police from 8 years ago. Off probation for 2. Perfect record since. No drugs or domestic violence charges anywhere. Over 1 year at current job and devout religious beliefs with regular church attendance. Can my ex get a judge to forbid me my visits with my 10 year old son if I date, live or marry this individual? Any responses greatly appreciated. If it gets espunged is that better?

  2. #2
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    Sep 2011
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    Default Re: Marrying a Felon with Non Domestic or Drug Ch. Can I Lose Weekend Visits with My

    He is not going to get a felony expunged. You should really consider the long term effects of marrying a convicted felon. You can count on being the primary and sometimes only source of income for the family in most cases.

  3. #3
    Join Date
    Sep 2013
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    4

    Default Re: Marrying a Felon with Non Domestic or Drug Ch. Can I Lose Weekend Visits with My

    Would it affect visits with my son?

  4. #4
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    Default Re: Marrying a Felon with Non Domestic or Drug Ch. Can I Lose Weekend Visits with My

    Not likely on the surface. That said, what is he going to be doing around the child, when you are not there??? (Hi Dad, XXX taught me how to slip a door lock with a stolen credit card and how to pull the ignition on a car with a body puller this weekend.)

  5. #5
    Join Date
    Sep 2005
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    California
    Posts
    20,594

    Default Re: Marrying a Felon with Non Domestic or Drug Ch. Can I Lose Weekend Visits with My

    On its face, the fact that he is a convicted felon shouldn't change things with regards to visitation.

    However, if dad can articulate specific concerns and the court agrees with him, you MIGHT find your visitation modified to, perhaps, not allow him to be alone with your son. But, that requires their father to first file, and then convince a court that the child is at risk.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Sep 2013
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    4

    Default Re: Marrying a Felon with Non Domestic or Drug Ch. Can I Lose Weekend Visits with My

    so he would need proof of a negative behavior not just saying he has a felony? To have the court make a change?

  7. #7
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Marrying a Felon with Non Domestic or Drug Ch. Can I Lose Weekend Visits with My

    Quote Quoting oakdalemiss
    View Post
    so he would need proof of a negative behavior not just saying he has a felony? To have the court make a change?
    I suspect he'd have to articulate why the child was at risk. Merely having a felony conviction shouldn't be sufficient unless he has been convicted of child abuse, domestiv violence, sex crimes, or something else that might show a propensity towards violence or serious deviance.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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