My boyfriend was put in prison 17 years ago for attempted murder. It was a self defense thing. Anyhow my ex-husband is pitching a fit that I am with this guy and is threatening to take my son from me. My boyfriend is the nicest guy you'd ever meet. He treats me like a princess and adores my son. We've never been happier. He is no threat and has paid for his actions. He has turned his life around and is making a good life for himself. Is there any way my ex-husband has a chance to take my son from me? He thinks the courts will side with him and everyone I've talked to says he doesn't have a leg to stand on. What do you think?
2006-10-03 05:55:15 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He has been out for 2 years and we are not living together.
2006-10-03 06:04:44 · update #1
If you are exposing your son to someone who was successfully convicted of attempted murder and served time for it, then absolutely yes, you are in real danger of losing your son. If your ex-husband gets a good attorney, he will almost certainly prevail. It is unfortunately not true that once someone "has paid for their actions" that they can then get on with their lives. In the US, ex-felons like your boyfriend pay throughout their lives for crimes for which they have already done their time. Society is greatly prejudiced against felons. It may not be right, but it is a fact. You had better get yourself a lawyer right NOW.
2006-10-03 06:01:31 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Ok, I've never heard of anyone being in jail for 17 years for attempted murder for self defense. If it was self defense then he should have been exonerated. Most felons say they didn't do it or make up some extenuating circumstances to make it less than what it was. I hate to say it, but if I was in a similar circumstance, there would be no way in hell I would let my child live in a household with an ex con. Yes, they did their time, but be that as it may, that is not what I would want my child around. Put yourself in your ex husband's shoes. If he got remarried to a crack whore who cleaned herself up (but there is the risk of repeats here), would YOU want your child living with them? I'm not saying people don't deserve a second chance, but you have to see this from both sides. He has every right to ask for custody in this situation and he might just win. The court will ask for his arrest papers, as well as reports from the prison on his behavior while incarcerated. If he was a model prisioner while doing time for attempted murder in self defense, why was he in so long? You need to do a little research on this fella instead of following your hormones. Your child's safety comes first.
2006-10-03 13:12:05 · answer #2 · answered by Sandi A 4 · 0⤊ 0⤋
1. Your ex husband has an equal right to custody of your son.
2. When weighing what the household situation would be for your son, it is extremely appropriate for the court to factor in the presence of a person who has a felonly conviction for a violent crime.
3. Assuming all other factors are equal, your ex-husband SHOULD win custody, should he attempt to regain it.
2006-10-03 12:58:43 · answer #3 · answered by Ricky T 6 · 0⤊ 0⤋
You would be wise to have some of your boyfriends more influential friends write him a letter of reference. A pastor, doctor, proffessor, mayor, police officer, etc.... That way if you ever are in court discussing this you have a paper trail that says that you knwo what other people think of your boyfriends character.
Also its wise for you to ask around to find out what others think of your boyfriends character. Its good to be able to say "I know what people think of him".
2006-10-03 13:04:50 · answer #4 · answered by aarondarling 3 · 0⤊ 0⤋
As long as you haven't been in any trouble, you shouldn't have any problem keeping your son. It takes alot for the courts to side with the father with custody.
2006-10-03 13:10:15 · answer #5 · answered by bardstale 4 · 0⤊ 0⤋
You can live happier life with u r boyfriend.So don't be afraid and meet a good lawyer. All the best.
2006-10-03 13:06:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You'll get many opinions here. You would be wise to speak with a lawyer and hear the truth.
2006-10-03 12:58:08 · answer #7 · answered by Jenyfer C 5 · 0⤊ 0⤋
he needs proof that the child is in a bad situation, I don't think what you have told us constitutes that.
2006-10-03 12:58:41 · answer #8 · answered by Anonymous · 0⤊ 0⤋