QUESTION
Can I get custody of my kids if I divorce my husband in prison who is classified as a 3 time felon?
Asked on Mar 12th, 2014 on Divorce - Florida
More details to this question:
I want to divorce my husband who is incarcerated on a parole violation for 2 years. He is classified as a violent offender and has abused me. He wants to fight me for custody of our kids. Can he do this? He is a 3 time felon.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Question is not if he can fight you, that of course you can do, more importantly is can he win. Given the circumstances which you have described his rights for parenting time and custody should be, in my preliminary opinion, severely limited.
Answered on Mar 12th, 2014 at 6:50 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If by custody you mean the majority of time, he won't get that when he gets out as the children will have been living with you. I suggest you get a lawyer and file the divorce along with a parenting plan that is graduated and begins with a few hours of supervised time when he gets out.
Answered on Mar 12th, 2014 at 5:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He cannot have custody while he is in prison. I doubt there is a judge out there that would even consider giving him joint legal custody or order visitation. So, yes he can fight you but I doubt he will win.
Answered on Mar 12th, 2014 at 11:58 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Anyone can go to court for almost anything. His chances of winning, however, are, in my opinion, next to none.
Answered on Mar 12th, 2014 at 11:48 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Your divorce will be granted. As to custody that decision is always up to the Judge. If he was convicted of a felony you should review Florida Statute 61.13 (2) (b) 2.
Answered on Mar 12th, 2014 at 8:24 AM
He is entitled to oppose custody, however, it will be up to the Court. I suggest you file your motion and see what happens.
Answered on Mar 12th, 2014 at 8:23 AM