Q: In a child custody hearing, can the x pull up crimial record from 8 years ago on the step parent and it be used?
My husband is having a relocation hearing with his x over his 3 year old...she has her lawyer pull up my criminal record..in which 11 yrs ago i lost custody of my son but regained full custody in 2009 and had 2 more children since than...my sons case was thrown out when i gained custody back...and i was a dancer with 2 dress code violationes tickets one in 2006 in which i didn't pay and got arrested and paid the ticket and another dress code vialation ticket that i went to court for and got thrown out in 2008 /2009..ive never been arrested for prostitution altho she says her lawyer says i did..i danced for a undercover cop toppless which was dress code violation in jacksonville fl never got cuffs put on me and thrown in a cell and booked over it, that's hardly prostotuition,and her lawyer says "child endangerment" which in 2006 a case was open on me about my son,the abuser was my x and it was against me not my child,all these were thrown out years ago, can this be used against him?
A:
The criminal record of anyone living in the same household as a parent in custody litigation is subject to review by the court. However, only specific crimes are to be considered. The crimes are enumerated in Section 5329 of the PA Child Custody Code. I've provided you with the link . Read it. I would suggest that you read the rest of the attachment as well. If you're being candid about your criminal history, it seems that none of it rises to the level of a crime to be considered in a custody case. However, it also sounds like your husband needs competent representation in his custody case. He should consult with a local attorney experienced in family law. Also, you may want to contact the child welfare agency in the state and county where the abuse case was opened to obtain documentation, if it's still available, that the case was not against you but the children's father.
http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
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