QUESTION
Can one time SO win custody of non victim children in divorce in utah
Asked on Jun 10th, 2015 on Child Custody - Utah
More details to this question:
In 1996 while addicted to meth and high on meth, x and alcohol I made a horrible mistake. As a result I was charged and plead no contest to "Lewd conduct with a child under 14." I served 9 months, tried to do right but quickly got hooked again. I realized I couldn't stay where I was and get clean or have any live and went on the lam. The last time I used drugs was New Years 1998. I met the man I am now married to, in late July of the same year. I never told him my real name until I became pregnant in Dec 2005. During all this time, except when I was barely out of jail I never registered as an SO. In August 2009 I was arrested for failure to comply. I plead no contest, I think served 3 months plus two years probation and have been complient since.. We have been married 2 years and have 2 children. There has never been another victim nor will there be. He is becoming more & more emotionally and verbally abusive toward us. Is there any hope I could win custody in a divorce?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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The short answer is -- maybe. It all depends on the facts of the case, what is going on with the other spouse, your support groups, and the like.
It may not be an easy fight, and you would have to be prepared to have your past brought out and argued about in court. The divorce could get very ugly, and expensive, possibly requiring a custody evaluation to fully address any safety concerns.
The best thing to do is find a good attorney, one who has access to child-custody experts, and be the moving party. In my opinion, it is always better to be presenting facts, even not-so-good facts, first, rather than having to answer claims of bad behavior and then defend against those claims. Steal the opponent's thunder by admitting the problems first, and present the curative facts to show the problems are addressed.
Answered on Jun 10th, 2015 at 7:19 AM