Legal Question in Family Law in Florida
criminal background/child custody
If a father has prior felonies and misdemeanors, and the mother does not, does the judge take that into consideration? All drug related charges.
Father is trying to take primary residency for BOTH children and has criminal back ground, I do not and will be graduating from college next year... I allowed the children to stay with him for a year to make up for the lost time while he was in jail for two years prior to all of this, I have one child now, and he has the other child. My girls have never been seperated.. we also had a verbal agreement that the children would come with me this august, and he didn't want to give them back ... so I took one..
1 Answer from Attorneys
Re: criminal background/child custody
Judges usually take criminal history into account to at least a small extent in custody cases, especially if the crimes were recent.
But even if the judge won't consider his background just for purposes of making him look like a worse parent than you, judges will almost always consider all felonies and some misdemeanors against a person's testimony under the theory that criminals are more likely to lie on the witness stand than non-criminals.
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