Will I get denied child custody if I have a felony?

Question

I am the mother of a 3 month old, I have 1 felony on my record from 2005 for drug possession and the father pretty much has a clean record, EXCEPT I know he has a criminal sexual conduct charge from when he was a juvenille for being accused of rape. Were both 22, and he is just controlling and possesive and only wants to be with me because I bring in alot of money, he makes me pay for grocheries, babys stuff, home repairs, bills and food and everything while the money he gets goes to his new car and himself. He's very stubborn, smart and selfish and will say anything to make himself look good and make me look like a bad, unresposible, immature, neglectful person. He's very good with words, and I'm shy and I have a hard time with my words, I know he'll make me look bad in court he's white and I'm mexican
He also, has another kid, she's 4 and doesn't have custody of her, he gets to see her for one night every other weekend. But the mother of that child is better no record, works

I got the felony in may 2005 and had the baby in 2006

He definitly wants the child, it's all a money game to him, see I'm also native american, I belong to a tribe that gives us members a percapita income, my baby gets a $3,000 check every three months, and I get a little check too every two weeks for about $700, thats why I say he'll do anything to see that I don't get custody. He wants my baby so he can get that check!!!!!!!!!

Nope not married

Answer 1

you will probably get child custody. moms almost always win. get a lawyer and good luck!

Answer 2

Do you think he would even want the responsibility of the child if you weren't in the picture also? As for the felony, if you completed whatever you were served with regarding the charges it and have had a clean record since, it will just be something you have to list. It doesn't mean they won't award you custody based solely upon the fact you HAD a felony charge against you. If he does want to fight, it will be expensive for both of you, as you both have to prove why you would be a better parent than the other. In most cases I've seen, the custody is awarded to the mother unless there are serious problems, such as drug or physical abuse, or neglect.

Answer 3

a feloney should not make a difference if you can take a blood test and prove you are drug free and able to care for the child. the fact that he doesn't support you or the child should also be in your favor. your race should not make a difference to the custody of the child. seeing how he is though you would be very wise to watch your every move and everything you say. if he is as smart as you say he is then he could be recording everything for court. you would be smart to seek legal help (there is always legal aid, if you can't afford an attorney.) who knows he might not even want the child. it would mean that he would then have to support it and buy all the things he is now too much of an @sshole to buy.
one other note: you are not a bad person just because you made a mistake in your life. we all make mistakes now and then and none of us are perfect. don't put yourself down or let anyone else put you down for that. just learn from the mistake and move on.
and i say that getting away from this guy is a good place to start.
good luck.

Answer 4

I have experience with a situation similiar. First of all know that if you to battle it out,child protective services will take over. You will both loose. Unless you can pass a hair strand drug test,You complete a parenting class,have a pshyche eval and do any counseling before they make you. If you did it all ahead of time and went to court with proof of it all you would be ok. but im telling you from experience they will look bad on you for endangering your child by knowing about your husbands sex offences and still having your child in the same home. i know you are probely not endangering your child. they will tear your family apart. You mentioned something tribal? my children are part indian,and Indian laws always have jurisdiction over state laws when it comes to custody disputes. You may check with your tribe to see what their policies are and they can maybe inform you of some options you are not aware of. I learned the hard way in a custody battle for 3 of my children. The state ended up with them.

Answer 5

Fortunately for you the courts almost always side with the mother. It took my brother over a 2 years to get custody of his son only after the mother couldn't pass a drug test. The court gave her several chances over the course of the battle. She'd even lost custody of another child before and they still gave her so many chances. Courts are messed up!!! Lucky you

Answer 6

Hey, shite happens. I hope you have matured and changed your ways. Why don't you be pro-active and take parenting classes. They are available at adult education or Y.M.C.A's. Go to N/A meetings if you were using. Then when you leave him and file for custody you will have a very good shot. Plus it will be important for the judge to know that he doesn't have custody of his other child. See if you can get your record expunged.

Answer 7

GET A LAWYER! Seriuosly, get a lawyer to do the talking for you. Since you are the mother, they would have to prove you an unfit mother as of now. Your past will relect some but not enough to take that kid away from you. Get a lawyer!

Answer 8

Drug possesion and you already had the baby. Ummmm they is a chance you would get denied. Go talk to a lawyer b4 u do anything

Answer 9

get a lawyer pronto.. you don't mention weather or not you two are married.. if your not that will help your case.. as in most states the unmarried mom has total control of the kids..unwed fathers have little rights// but check with a lawyer just to be sure

Answer 10

You need to get yourself a lawyer.....I don't think the felony should go against you as long as you are taking care of your child now and you have straightened up your life....but getting a lawyer would be my best advice

Answer 11

The possession charge should not be a problem. As you are bringing home all of the money, get an attorney, he will be real good with words............