Legal Question in Family Law in California

spouse's criminal past a factor in custody?
my husband and I have been married for 8 years. In the past two years, it has come to my attention that he has an extensive criminal background in theft/fraud etc. I am planning to file for divorce. Does his past as well as possible present criminal activity help me to gain sole custody of our 8 year old son?

Asked on 12/05/08, 1:43 pm

3 Answers from Attorneys

James Chau Law Offices James Chau

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Re: spouse's criminal past a factor in custody?

The criminal past may have an effect on custody, custody evaluations are a complex matter. The age of the child, the current living situation, all of those factors may play a role. The standard for the child is the best interest of the child, to see both parents however.

As always please contact a local attorney in your area before taking legal action.

Good luck!

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

Answered on 12/05/08, 4:12 pm

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Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

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Re: spouse's criminal past a factor in custody?

Probably not his past. If he's currently involved in something, then that might be a problem. Remember the court will view it from your child's perspective. Meaning, it will want your son to remain bonded to his father.

Answered on 12/06/08, 12:01 am

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