Gaining Custody When You Have a Bench Warrant

[coconutgrl11]

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?

[BooRennie]

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.

[coconutgrl11]

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.

[Dogmatique]

Custody through the courts?

How old is the child and how often has Dad seen the child?

[coconutgrl11]

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.

[llworking]

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?

[budwad]

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.

[BooRennie]

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.

[llworking]

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.

[EA1070a]

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.