QUESTION

Custody to repeat felon?

Asked on Oct 18th, 2014 on Family Law - California
More details to this question:
I was awarded sole legal and physical custody of our children, my ex husband was recently released from prison ( his 4th go round) and now he wants custody of our boys. he is a repeat drug offender, 2nd strike felon with a history of violent offenses and domestic violence against me, how likley is it he can get custody?
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1 ANSWER

Based on what you have stated, a court would not award him custody. However, he may get visitation. First, you should wait until he files something so that you can respond. It is best not to communicate with him or have a discussion about it. At this point he has no rights--he may have some if he files etc. You do have choices if you feel he may get some visitation--you could ask for supervised visitation and make this very restricted. Be advised, the court is looking at what is in the best interest of the children and if the court determines that it is not in their best interest, then visitation may not be awarded.
Answered on Oct 19th, 2014 at 5:04 PM

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