QUESTION
Can the father automatically be awarded with child custody if the mother is in a domestic abuse relationship?
Asked on Mar 06th, 2014 on Child Custody - Utah
More details to this question:
Our sister was physically abused by her boyfriend, and was abused in front of her son. The boyfriend went to jail, and she made the wrong decision to get back together with her abusive boyfriend. Is there court evidence that her ex-husband (nice, normal guy) will automatically be awarded custody? We are trying to convince her that this will happen, and she will lose custody of her son, if she chooses to get back together with this abusive boyfriend, with a criminal past. Please help.
6 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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CPS, if they learn of it, might just take the child away from her and place the child with a relative or a foster family.
Answered on Mar 07th, 2014 at 9:42 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Nothing is automatic. The father should file a Petition for a Parenting Plan (or a parentage action if he's not on the birth certificate) and ask for primary residential time and restrictions on her time if she is living with the abusive boyfriend or if she's not living with him restrict him from being present when the child is with her. Threatening her with what will happen is useless. Dad needs to stop sitting on his thumbs.
Answered on Mar 07th, 2014 at 9:42 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It may not be automatic, but if I were the judge, I wouldn't allow the boy to be around the boyfriend.
Answered on Mar 07th, 2014 at 10:43 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It would not be automatic, but it most certainly give the child's father a very great advantage in a custody determination.
Answered on Mar 07th, 2014 at 8:42 AM
Business Law Attorney serving Columbus, OH
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Robert A. Bracco & Associates
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Her ex-husband can file for custody, but the court would have to determine whether she was unfit, whether the child is in danger and then what is in the best interest of child.
Answered on Mar 07th, 2014 at 8:41 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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No.
Answered on Mar 06th, 2014 at 10:58 PM