QUESTION
Can my girlfriend get her child taken away for something I was accused of when I was underaged?
Asked on Jan 23rd, 2013 on Child Custody - South Carolina
More details to this question:
My girlfriend is in a bad custody suit with her ex husband I have been accused of a crime when I was 15 but the case was thrown out and I never went to court for it but can she get her child taken away because of me?
4 ANSWERS
I can't answer this question without more specific information about the parties and about your past issue; however, the fact that you were not convicted would be relevant. Further, the court would have to determine whether the children are at risk as a result of her relationship with you. I recommend she consult with an attorney to discuss the situation in greater detail.
Answered on Apr 10th, 2013 at 2:54 PM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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It's Unlikely.
Answered on Feb 17th, 2013 at 11:23 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Unlike criminal cases, civil cases, including family law, are Judged by a preponderance of the evidence. There does not have to be a criminal conviction to find that there is a danger. If there is enough evidence that you are a danger to the child's well being and she has allowed you around the child, then that reflects on her parenting abilities and her abilities to make good decisions to put her child's best interests before her own. If it was a crime against a child, that would be something that the court would have a strong interest in determining in order to make sure this child is in a safe environment.
Answered on Jan 28th, 2013 at 8:18 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In Supreme Court, any custody case turns on what is in the best interests of the child(ren) at issue in the case. It is possible that if you are living together and are not married, the Court will likely take the position that it is not in the best interests of the child(ren) at issue in the case to be exposed to that situation as it is considered by the law to be somewhat of an immoral situation for two unmarried persons to live together outside of the honor and sanctity of matrimony. You should not take any action and/or inaction based on this information. You should consult with a local attorney in person as soon as possible prior to taking any action and/or in action in relation to this situation and this information should not be applied to this or any other situation prior to consulting with a local attorney in person.
Answered on Jan 25th, 2013 at 10:30 AM