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Question about custody battle


Lonelyguy120

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If a primary sitter has a history of felonious assault and domestic violence will that likely influence the courts decision. I have heard from friends that "their past won't be considered because they are not the parent and their past history cannot be considered for probable cause". Is the quote true?

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Yeah, I'm confused. Is this one parent being worried or hoping that they or the other parent leaving their child in the care of someone with felony assault convictions could hurt their case for custody? I can't say whether it'd be against the law for a judge to consider such circumstances in his or her decision, but I can say that, speaking practically, it probably doesn't matter if they can or can't. Trial courts aren't required to cite case law in their decisions, and family courts are among the least likely to be scrutinized. This is to say that, while no one knows for sure, it's a pretty safe bet a judge is going to keep the idea of one parent leaving their kid with a convicted violent felon in mind when reaching their conclusion, whether or not they cite the fact when issuing their order.

 

But, as always, a lawyer is going to be your best source of legal advice, particularly when delving into a preponderance of the evidence.

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I would really advise you to consult with a lawyer but...

 

In general, courts across North America have recognized a child’s right to have a relationship with both their parents and a parent’s right to have access to their children. Times have changed. They really fight to make sure that all have access to the child. Incarcerated people have access and rights to their children. Drug addicts have access and rights to their children. Sometimes when it’s really bad they will make it supervised visitation. But unless you go out of your way to severely neglect the children and put them in harms way, they are highly unlikely to bar one parent from having access.

 

In the case of a sitter with that type of history, you can bring this info to your lawyer. They may be able to do something to prevent that person from being a main caregiver. But... it’s unlikely, in my opinion, that they would use this to bar that parent from having rights. They don’t take those rights away lightly.

 

My advice would be to consult with a lawyer - and if you can - try to find amicable ways so that both parents can have a relationship with the children. This is likely the way the courts will go - but after a long, drawn out and very expensive process. An amicable solution if at all possible is both less expensive and better for the children.

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I'm just going to reply to you all at once. This is not an attempt to bar the other parent from having a relationship with the children. A lawyer is informed of the situation but did not offer any advice regarding that situation.

Both parents are fighting for primary custody and live in different states. One parent has uncles and grandparents of the children with no criminal history or mental disabilities to volunteer as sitters. The other parent has grandparents of the children with mental disabilities and a friend with a violent criminal history to volunteer as sitters. The parent with the disabled and violent sitters works more hours and needs sitters more often than the other parent.

Will the choice in sitters have any influence on the courts decision for primary custody?

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Each person should be judged by their abilities. Do they have the abilities to care for a child. Not just they have a mental disability so they are automatically disqualified.

 

That's what an Amicus attorney will do. They will assign case workers to assess abilities, safety, etc.

 

Amicus lawyers specialize in what's right for the child.

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