Q: My ex was found guilty of felony domestic violence and child abuse. He wants custody of my son. Could he win?
I have never been arrested, have no criminal record, and have had the same job for 7 years. The only thing he has against me is that my son missed 9 days of school during the whole school year. He was sick, he also suffered from anxiety that would cause him to feel sick. I now have him in counsling.
My ex was found guilty of child abuse to my oldest son (from another relationship) in 2014, he was found guilty of felony stalking and harassment in 2015, he got a dui in 2015 as well, then in 2016 he broke into my house and raped me at knife point then suffocated me. He then took the police on a police chase. He was found guilty of felony domestic violence. He was sentanced to 4 years, but only ended up serving 1 year. He is now taking me to court for joint custody of our 11 year old son. Is there a chance he could win?
A: Describing the issue as a win is not a good way to describe the case. The short answer is that the court can look for a way to establish joint legal and physical custody. Dealing with domestic violence issues is very important for the court to consider. There are more facts that need to be analyzed. More facts are required to provide a thorough analysis. Consult with a local family lawyer since most offer a free initial consultation. I see that you included a lot of facts in the posting, but each case is unique and follow up questions, etc need to be analyzed. Also,consider hire a family lawyer on a limited scope basis if you can't afford a fully retained lawyer. He could show up with a lawyer on the day of court when you're not expecting him to show up with one.
A:
That sounds like he's facing an uphill battle. I strongly recommend hiring a strong child custody attorney such as myself to help you against this person.
See: http://www.aeesq.com/divorce-attorney/child-custody/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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