Legal Question in Family Law in Florida

There are too many factors that need to be considered in order to determine who can get custody of the minor child, ie criminal background, stability of home environment, child preference, overall best interest of the child. Can non-custodial parent get custody? Quick answer would be yes but maybe no depending on what factors judge considers for overall best interest of child and what picture looks like for either parent based on the factors.

Conviction of a felony alone is almost never a reason to change custody. However, if the felony were a very serious one or one which involved children, the felony could be of such a nature to cause a change in custody. Of course, the felony coupled with other factors could be sufficient to cause a change in custody. You should speak with a family law attorney to determine if there are sufficient factors to be substantial enough to change custody in your case.