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    RCline's Avatar
    RCline Posts: 2, Reputation: 1
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    #1

    Dec 8, 2006, 06:00 PM
    Felony's and child custody?
    Hey new here. To keep it as short as possible, years ago I did some time. (six years) I was guitly and charged with 'robbery with bodily injury' and 'criminal conspiracy'.. (I was dumb I know) anyhow, I have three children, mom number one knows about the incident, mom two does not know, mom three does not know anything about it at all, and I married her, things did not work between us, and I have shared custody of my two year old. It is 50% her 50% me.. my ex was pressured into singing the custody papers, and if she had ANYTHING on me she will go back to court. The thing is I have reason to believe she may have found out about my past, Now just lets suppose she did find out that I am an excon, I KNOW she will use it against me and say that I lied, and all that BS.. and try to get custody back (she has no crimainal past) I can just tell she knows something. (not to mention she found out how to use the public record sites) I am walking on eggs not knowing if she knows and if it will affect my rights. It happened years ago, and since then I only had two DUIs, other than that no real trouble, but what concerns me the most is that I did not disclose this info at the court house while fighting for my custody, nor did I tell her before marriage. Does this make be look like a bigger A** than I already am? What could happen? What could happen with the two year old? What if mom number two finds out? Could anything happen with my 10 year olds custody? Could my ex wife gain primary or even full custody?
    Thanks. Rob.
    heardjc's Avatar
    heardjc Posts: 3, Reputation: 1
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    #2

    Dec 8, 2006, 06:16 PM
    Quote Originally Posted by RCline
    Hey new here. to keep it as short as possible, years ago I did some time. (six years) I was guitly and charged with 'robbery with bodily injury' and 'criminal conspiracy'..(I was dumb I know) anyhow, I have three children, mom number one knows about the incident, mom two does not know, mom three does not know anything about it at all, and I married her, things did not work between us, and I have shared custody of my two year old. it is 50% her 50% me.. my ex was pressured into singing the custody papers, and if she had ANYTHING on me she will go back to court. the thing is I have reason to believe she may have found out about my past, Now just lets suppose she did find out that I am an excon, i KNOW she will use it against me and say that I lied, and all that BS..and try to get custody back (she has no crimainal past) I can just tell she knows something. (not to mention she found out how to use the public record sites) I am walking on eggs not knowing if she knows and if it will affect my rights. it happened years ago, and since then I only had two DUIs, other than that no real trouble, but what concerns me the most is that I did not disclose this info at the court house while fighting for my custody, nor did I tell her before marriage. does this make be look like a bigger A** than I already am? what could happen? what could hapen with the two year old? what if mom number two finds out? could anything happen with my 10 year olds custody? could my ex wife gain primary or even full custody?
    thanks. rob.
    You mention you had 50-50 custody of the children, if this is a court order custody and you both agree to the tems, she can not change it, unless you violate the terms of the order.
    RCline's Avatar
    RCline Posts: 2, Reputation: 1
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    #3

    Dec 8, 2006, 07:13 PM
    Hey thanks, but even if she found this info out 'after' agreeing to the court order?
    It is just one child. I have three children to three mothers. But my stbx is the one who would go back to court and say that she found out I was a convicted felon.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 8, 2006, 07:31 PM
    The question is whether you were asked about a criminal past and said no. You can't be faulted for not telling if not asked.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Dec 9, 2006, 07:09 AM
    Hello RC:

    If convicted felons couldn't have custody (shared or otherwise), there would be a whole lot more single mothers out there.

    I'm a dad, and a felon and everybody knows about it - even you.

    excon
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #6

    Dec 10, 2006, 05:43 PM
    Once a custody order has been issued, it can only be changed for compelling reasons reflected by a substantial change in circumstances. The fact that your ex-wife did not know of your past is irrelevant as any judge is likely to tell her that it was her responsibility to know and that her ignorance doesn't constitute grounds for changing an existing custody order. As far as not revealing it to the court at the time of the custody hearing, unless you committed perjury by specifically stating that you did not have a criminal record I don't see that being an issue either. Talk to a lawyer to be sure but I really don't think you have much to worry about.

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