Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?
He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court order again because I found a hand print on our sons arm and called CPS. This man is also overdramatic and constantly trying to make me look bad. Am I going to win this custody battle?
A:
Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current behavior and rehabilitation since being released. However, the conviction alone may not automatically render them incompetent as a parent.
You did the right thing by calling CPS when you noticed something concerning, like the handprint on your son's arm. The judge will take into account all evidence, including any signs of potential abuse or neglect. It's important to gather all relevant documentation and work closely with your attorney to present a strong case for your child's safety and well-being.
Stay focused on your child's needs and well-being throughout this process. While it’s understandable to feel anxious, maintaining a clear and consistent approach with the court will be crucial in determining the outcome.
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.