Q: What are my chances at custody if my child’s father has served time in jail for domestic violence?
My child’s father has served jail time on two occasions for domestic violence, my child was visiting him every other weekend until recently. My child has seen his dad in arguments, being kicked out of the residence of his significant other, and being taken away by the cops when visiting with his dad. There are no legal papers yet. What are my chances of getting custody?
A:
When determining custody, the courts will take many factors into consideration. A criminal history (especially domestic violence) would weigh against the father and would be in your favor in terms of determining custody.
Your facts lead me to ask another question though, what is your end goal? If your end goal is simply to get full custody, technically you may already be there. In Ohio, biological mother's are given all of the custody rights until a court decides otherwise. So, if there are no "legal papers" giving the father custody, then you likely already have it.
If, however, your goal is to get financial support to help support your child, then you will need a legal process. But, I highly suggest consulting with an attorney as there are options (CSEA v. Court for instance) and you want to ensure you pick the one that not only fits your needs, but limits your risks.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
