Gaining Custody When You Have a Bench Warrant

[llworking]

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.

[EA1070a]

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.

[Dogmatique]

(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 )

[EA1070a]

(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 )

He's more inclined to be hauled into the pokey for getting pulled over for something lame, like a broken tail light.

[llworking]

(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 )

You might want to read this attorney blog:

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

[Dogmatique]

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?

[BooRennie]

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.