QUESTION
Live in friend with criminal past and child custody
Asked on Sep 20th, 2013 on Child Custody - Pennsylvania
More details to this question:
I have a friend I've known for 30years that has come out to live with me and my daughter. He has a criminal past (mostly petty theft but, with some domestic violence charges). My ex investigated him and now I'm even having a hard time getting my daughter to a school in my school district. The judge wants Jason to explain himself! I don't want this to affect my custody. Also, my friend is stating that we should get married and that would solve the custody issue. I don't think it will....if i knowingly marry a convicted felon (regardless of the fact that he no longer does anything to affect his or our well being) that my ex could actually take me back to court and possibly get full custody of my daughter. Am I correct? Any suggestions?
1 ANSWER
Divorce and Custody Attorney serving Washington, PA
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There are new rules of court that allow a court to "investigate" the criminal past of anyone living in your household regarding custody. If the charges are old (10+ years) or not serious, you have a better chance of them not making a difference. That being said, it depends on what the judge thinks and on how the other side spins the story.
Marrying your friend would not make any difference, in my opinion. If the judge wants him to explain his past, he should do so honestly. If he lies, the court can find out the truth by pulling his criminal history. The main issue at question is going to be "is this man a threat to the child?"
Answered on Sep 20th, 2013 at 3:37 PM