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faith3610 · Nov 30, 2010, 11:07 AM

My ex the mother of my 9 mth old son is planning on moving out with a convicted felon. I'm not exactly sure what his charges are but I know one was possession, one was grand theft, and the other was running from the cops. And he was released 4 months ago. I know have every weekend with my son and she has primary. I just filed papers for a modification of custody because I want to spend more time with my son and I don't feel that my son is in a safe enviornement. He is living with my ex at her parents house now andThey smoke in the house, and there is also abuse between my ex's parents. I know her new boyfriend does stay at that house often but are now planning on moving out together with my son. Should I bring this up in court?

excon · Nov 30, 2010, 11:19 AM

Originally Posted by faith3610

Can a parent lose custody of their child for moving in with a convicted felon? ...Should i bring this up in court?

Hello faith:

Nahhh. If he'd been convicted of child abuse or maybe something violent, you could... But, given what you said about him, he isn't a danger to the child. The other stuff doesn't sound like a great environment for him, either, but it isn't enough for them to lose custody.

excon

this8384 · Nov 30, 2010, 11:24 AM

Originally Posted by faith3610

My ex the mother of my 9 mth old son is planning on moving out with a convicted felon. I'm not exactly sure what his charges are but i kno one was possesion, one was grand theft, and the other was running from the cops. and he was released 4 mths ago. I know have every weekend with my son and she has primary. I just filed papers for a modification of custody because i want to spend more time with my son and i dont feel that my son is in a safe enviornement. He is living with my ex at her parents house now andThey smoke in the house, and there is also abuse between my ex's parents. I know her new bf does stay at that house often but are now planning on moving out together with my son. Should i bring this up in court?

Define "they smoke in the house." If it's cigarettes, no one will care. If it's marijuana, then you might have a good shot.

Are you established as the legal father of the child? Are you listed on the birth certificate, did you take a court-ordered DNA test and/or did you sign a paternity acknowledgment?

Also, where are you located?

cdad · Nov 30, 2010, 04:31 PM

First and foremost the courts aren't going to listen to any "I think" statements. You will need facts. You should have those facts before going to court. From the sound of it your clueless at this point. You need to get up to speed before any accusations are thrown.

Fr_Chuck · Nov 30, 2010, 08:17 PM

You will need to prove how this living arrangement will be a danger to your children. I mean you can bring it up, couples fight dirty in custody battles,

But what you need better is a lawyer who wll work for perhaps joint custody.

dawnf007 · Feb 7, 2012, 10:35 AM

Depends on what your agreement stipulates. My brother just received full custody after filing a contempt motion for her allowing my nephew to be at the boyfriends house (convicted felon) the smoking they don't care about when your kid gets asthma you know who to blame. My brothers ex would smoke in the car with my nephew and the windows were up she has a baby he is now 2 months old and she smokes in the same room. Disgrace, Go into the public court records and dig up the info on her boyfriend start compiling information on him keep detailed records of what your ex does and keep quite about it when the time is right this will pay off for you. I did all the back ground investigation for my brother and it finally paid off. She was told she is not so Teflon Don after all!