tag:blogger.com,1999:blog-3477794429426738181.post9172411691861874113..comments2024-03-03T03:46:33.934-05:00Comments on Skylark Blog: Does a Criminal Record affect Child Custody?Kelsey & Trask, P.C.http://www.blogger.com/profile/05241677623102829217noreply@blogger.comBlogger65125tag:blogger.com,1999:blog-3477794429426738181.post-68737810483367349232020-01-06T08:46:04.889-05:002020-01-06T08:46:04.889-05:00The law on this issue varies greatly from state to...The law on this issue varies greatly from state to state. I suggest contacting a local attorney to find out the typical practice in your jurisdiction.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-85501113268987688532020-01-06T00:06:31.601-05:002020-01-06T00:06:31.601-05:00If the father of a child went to prison for murde...If the father of a child went to prison for murder. Would he be allowed custody of his child in the state of Tennessee?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-49494123186337421352019-01-03T11:24:55.302-05:002019-01-03T11:24:55.302-05:00Rather than guess whether it will affect CPS's...Rather than guess whether it will affect CPS's findings, you should just ask them directly before making a decision.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-56001726791010983502019-01-02T22:35:31.319-05:002019-01-02T22:35:31.319-05:00Can my bf live with me if cps was called on me for...Can my bf live with me if cps was called on me for baby's meconium coming back dirty of marijuana but both ua came back negative and he has a first state felony for a cocaine chargeAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-21150656381615292082019-01-02T22:31:09.425-05:002019-01-02T22:31:09.425-05:00If bf has a first state felony for cocaine and cps...If bf has a first state felony for cocaine and cps was called on me (mom) for baby's meconium coming back positive but ua both came out negative can he live with me and baby while I'm dealing with cpsAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-54609198463398224502018-05-23T11:09:19.114-04:002018-05-23T11:09:19.114-04:00When determining custody and parenting plans the c...When determining custody and parenting plans the court must weigh the best interest of the children and all factors can be considered. Recent charges or drug use are going to be a strong factor for any court in making custody determinations. There are different types of "joint custody" thought and so your question is not something that really can be answered in this type of a forum. The law on this issue also varies greatly from state to state. I suggest contacting a local attorney to find out the typical practice in your jurisdiction.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-66064004753893295202018-05-23T01:21:10.590-04:002018-05-23T01:21:10.590-04:00My sons father is a felon. Just served 5 years for...My sons father is a felon. Just served 5 years for burglary and weapons misconduct. History of dui amd drug charges as well. Currently has an interlo k. Released in 2016 and just paroled out in 2017. He wants joint custody . What are his odds?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-46046982999139649222018-03-14T10:39:25.271-04:002018-03-14T10:39:25.271-04:00When determining custody and parenting plans the c...When determining custody and parenting plans the court must weigh the best interest of the children and all factors can be considered. First Degree murder is obviously very serious and would be a factor for the court. However, the court is also going to more concerned with more recent behavior of both parents. A conviction that is 20 years old is going to have less weight then any recent criminal behavior (even if it's less serious). Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-38352375351607034152018-03-09T19:07:26.743-05:002018-03-09T19:07:26.743-05:00The father of my 2 children was convicted for firs...The father of my 2 children was convicted for first degree murder when he was at the age of 18. And did a 13 year sentence. He was released in 2010 out on parole for 7 years. His parole is now end but has 2 kids under the age of 2 years old. I don’t have a criminal background, Could he still possibly win custody over our two kids?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-10453767346606134222018-02-07T10:59:10.225-05:002018-02-07T10:59:10.225-05:00More information would be necessary to answer your...More information would be necessary to answer your questions. The law on this issue varies greatly from state to state. I suggest contacting a local attorney to find out the typical practice in your jurisdiction.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-82937732935345393842018-02-01T00:21:40.834-05:002018-02-01T00:21:40.834-05:00My wife has temporary primary custody of our three...My wife has temporary primary custody of our three girls. She now cohabitating with someone with multiple criminal history. His last conviction was in 2009. Assault with bodily injury to family member.Can I get the other modify because of that?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-27658330332866679272017-12-01T13:36:42.605-05:002017-12-01T13:36:42.605-05:00More information would be necessary to answer your...More information would be necessary to answer your questions. The law on this issue varies greatly from state to state. I suggest contacting a local attorney to find out the typical practice in your jurisdiction. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-82102137090247054132017-12-01T02:07:30.901-05:002017-12-01T02:07:30.901-05:00I am married but became pregnant with another man&...I am married but became pregnant with another man's child during a separation. My husband and I have reconciled and I no longer speak to the biological father. I had later found out that he was in prison for aggravated armed robbery and was in prison for 4 years. He is now on probation for the next 16 years. My husband decided he would take full responsibility for the child seeing that we already have children together and we have worked out our problems. My husbands name would be the one on the birth certificate as well. Can the biological father file for a paternity test in court? Can he receive visitation rights across state lines even though he has no responsibilities for the child? Concernedparenthttps://www.blogger.com/profile/07413500267862499078noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-12821466662340003472017-05-26T08:51:57.553-04:002017-05-26T08:51:57.553-04:00I'm sorry but this isn't nearly enough inf...I'm sorry but this isn't nearly enough information to answer your question, because the determination would depend on the status or your court orders for custody. I suggest that you consult with a local attorney as soon as possible.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-87867628911639138112017-05-26T08:27:22.668-04:002017-05-26T08:27:22.668-04:00I have custody of my grand kids an the father has ...I have custody of my grand kids an the father has took her an he has a arm robbery charge an marijuana with intent to distributed did 15 years in prison does he have the right to keep herAnonymoushttps://www.blogger.com/profile/15282708340949694903noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-33817099284340046812017-05-11T00:44:17.207-04:002017-05-11T00:44:17.207-04:00Typically a Judge reviewing the "best interes...Typically a Judge reviewing the "best interest of a child" standard is going to have broad discretion to consider past convictions, but the age of a conviction is certainly going to affect how much weight it's given.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-76542059999766390422017-05-10T15:33:35.091-04:002017-05-10T15:33:35.091-04:00Father is convicted felon but happened over 17 yea...Father is convicted felon but happened over 17 years ago cocaine possession,unlawful trafficking of currency,and aggravated assault. Also has prior divorce that had domestic violence. Mother has more recent arrests but no felony convictions. Will judges even look at criminal records badly if so many years have passed. custody badcustodyhttps://www.blogger.com/profile/03505309193586208168noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-83796954507883963282017-05-02T23:17:07.722-04:002017-05-02T23:17:07.722-04:00This could be one factor in the Judge's consid...This could be one factor in the Judge's consideration of what is in the best interest of the child, but it would not be the only factor, and how much weight a Judge would give it would depend on the other factors and the specific history of that conviction.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-76458381190704032842017-05-02T15:55:52.749-04:002017-05-02T15:55:52.749-04:00What a public lewdness charge be a big impact on j...What a public lewdness charge be a big impact on joint costody?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-19032211737418682522017-03-29T08:31:42.733-04:002017-03-29T08:31:42.733-04:00This would likely be one factor in the Judge's...This would likely be one factor in the Judge's consideration of what is in the best interest of the child, but it would not be the only factor, and how much weight a Judge would give it would depend on the other factors and the specific history of that conviction.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-65900013949763067552017-03-27T21:17:48.923-04:002017-03-27T21:17:48.923-04:00Can a covicted felon for armed robbery get custody...Can a covicted felon for armed robbery get custody of a child if served his sentence alreadyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-76244154211854651192017-03-19T11:04:19.870-04:002017-03-19T11:04:19.870-04:00Regardless of what state a charge occurs in, a cha...Regardless of what state a charge occurs in, a charge of child abuse would be relevant in a custody and parenting plan determination in a modification. The charge, or the determination of it, is less important than the underlying facts surrounding why there is a charge. Unfortunately the litigation process of a modification can be dragged out and is not a straightforward process because it is intended to give both sides adequate time to gather all relevant information and have a chance to explain their side to the Judge. <br /><br />If you have concerns that the court is not going to have all the information necessary to make an informed decision, then you may want to consider requesting that the court appoint a Guardian Ad Litem to investigate and report back to the court.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-51648765718859307692017-03-17T12:47:29.247-04:002017-03-17T12:47:29.247-04:00Are there any laws that prevent a parent with an o...Are there any laws that prevent a parent with an outstanding warrant for misdemeanor child abuse from blocking a modification for visitation and/or receiving more visitation if those charges are in a different state from that in which the parties live? <br /><br />Example: parent has warrant and has not answered to misdemeanor child abuse charges in a state where he and child were vacationing; now back in home state, same parent with pending charges is fighting other parent's request for modification for visitation, while filing other motions and dragging out the litigation process which I do not typically think would be allowed if charges were in same state in which all parties reside. <br /><br />Basically trying to understand how it is legal/logical for non-abusive parent to have to send children to abusive parent who has pending charges with no intention of answering to them. Or how abusive parent can attack other parent through means of litigation without having to answer to any charges. Maybe because it is a misdemeanor in another state that he can avoid traveling back to??? This does not seem in the best interest of the child. <br /><br />Almost as if as long as it occurred in another state and is not a felony for which they would extradite, then abuse deemed unimportant or not relevant to child's safety. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-8812730724670214632017-02-08T11:41:31.160-05:002017-02-08T11:41:31.160-05:00It's not possible to provide this kind of spec...It's not possible to provide this kind of specific case advise in this type of forum. I would suggest discussing your concerns with a local attorney or mediator who can get more in depth with these facts.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-37924641960478107502017-02-03T01:27:12.561-05:002017-02-03T01:27:12.561-05:00If a father has a charge of 3rd degree sexual abus...If a father has a charge of 3rd degree sexual abuse of a minor can he get atleast 50% custody of my son?Anonymoushttps://www.blogger.com/profile/15740008579665742426noreply@blogger.com