QUESTION
Will a petty theft (m1) destroy my end of my divorce?
Asked on Aug 27th, 2013 on Divorce - South Carolina
More details to this question:
I currently have full custody of my son and my soon to be ex husband keeps threatening to take my son from me.
4 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In a nutshell, and speaking as an attorney who is licensed to practice in the state of Utah only, petty theft will likely not have much impact on the court's decision relating to child custody, unless you committed the petty theft with the child present.
Answered on Aug 29th, 2013 at 11:37 AM
No. Petty theft would normally not be a determining factor in deciding custody of a child. The court looks at which parent the child is more closely bonded to and which parent has provided the majority of personal care for the child, and other factors in determining custody. If you have custody, it is unlikely that the court would change custody for a misdemeanor conviction in the past.
Answered on Aug 29th, 2013 at 9:03 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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The impact of your charge on your custody status is highly dependent on the facts and circumstances of the incident. For example, if you stole a significant amount of things from a store while your son was with you, such that he was present when you got arrested, that would of course be quite detrimental to your custody case. However, if it was an isolated incident of shoplifting something of nominal value, where your son was not with you, then the damage may not result in you losing custody.
Answered on Aug 29th, 2013 at 9:03 AM
Civil Litigation Attorney serving Summerville, SC
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The Powers Legal Firm, LLC
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If you are currently represented by an attorney you need to speak to your attorney about this issue. This issue would vary judge by judge but I cannot give any advice if you are represented.
Answered on Aug 29th, 2013 at 5:18 AM