I may be going through seperation or divorce soon. I have a 4 yr old son. I have been arrested about 6 months ago for a mistake of shoplifting i did as i was going through a bit of rough phase then. I am well educated person with good morals but have committed this impulsive mistake. I deeply regret my mistake and have paid the fine. Can this cause any problems in getting custody of my son?
2006-12-20 23:12:35 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
My parents went through a divorce and because my dad had shoplifted they gave custody to my mom.
2006-12-20 23:15:21 · answer #1 · answered by Anonymous · 0⤊ 1⤋
In any state custody will be determined based on a variety of factors including some of the following:
who has been the primary caregiver
which parent can facilitate a relationship between the child and the other parent
the emotional bonds between the child and the parent; and so on. Yes, in an ugly custody battle both sides will bring out all th negative bad stuff about the other person. Your ex will throw the shoplifting thing out there. The best you can do is be honest with the judge, own up to it, admit the mistake and tell what you have done to deal with it. Might look good if you can say you entered some therapy/counseling for people who shoplift.
If you are a good person, a good parent, someone who loves your children and can take care of them then a small transgression in the past will not be determinative in the custody question.
Good luck.
2006-12-20 23:35:53 · answer #2 · answered by CV 3 · 0⤊ 0⤋
Yes this is a potential problem if you are filing for custody of your son but if this is the only thing you have against you and you have taken the steps to change your behavior, the judge may overlook your mistake. I am assuming this shoplifting charge was a misdemeanor? All judges are different and you never really know what they are like until you are standing in front of them. Although, if you want custody of your child then get a lawyer and fight. The lawyer will explain your situation to the judge to get a better outcome for you. Good Luck!
2006-12-21 00:41:06 · answer #3 · answered by Andrea D. 3 · 0⤊ 0⤋
Don't think it will,the Court is about your fitness at the time of the custody hearing,not some silly mistake long ago in your past,if it was child abuse or sexual that would be different but past shoplifting is not a worry
2006-12-21 02:41:56 · answer #4 · answered by barnowl 3 · 0⤊ 0⤋
depends how nasty the divorce and residency application turns out to be.
My ex was a total w*nker and through anything and everything at me.
If he disputes residency then CAFCASS reports are likely to be recommended. These people will speak to both of you and maybe your son. They will make a recommendation based on their findings. The district judge at the family court will take note of the report and will decide who gets residency.
Good luck.
2006-12-21 00:30:14 · answer #5 · answered by Mizz Julie 3 · 0⤊ 0⤋
It wont go against you,the mother of your child may hold it against you but at the end of the day its up to the judge and any court welfare officers who speak to your child,my ex was able to get access to our kids even though he had been sectioned under mental health act,been to prison for rape and theft,so goes to show anything can happen.
2006-12-21 07:51:26 · answer #6 · answered by candyfloss 5 · 0⤊ 0⤋
not these days,if you live in the UK and if it was just that one incident,you have nothing to worry about,just look in the papers,there has been abusers allowed to keep their kids,i don't think you have anything to worry about and dont dwell on it,we all make mistakes!
2006-12-21 00:09:49 · answer #7 · answered by NATALIE W 3 · 0⤊ 0⤋
If your ex is suing for custody I would suggest retaining an attorney.
2006-12-20 23:24:17 · answer #8 · answered by LC 5 · 0⤊ 0⤋
Yes it can and probably will, your ex and the judge will bring up anything and everything.. I hope you don't live in Florida they take anybody's children according to thier past..
2006-12-20 23:16:13 · answer #9 · answered by Tracy 4 · 0⤊ 0⤋
i think that if you have shown that you know it was a mistake and that you regret doing it etc then it wont really cause any problems. good luck :)
2006-12-20 23:15:27 · answer #10 · answered by Anonymous · 0⤊ 0⤋