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Can I lose my son's custody if I allow my brother (ex-felon with DV) live with us
My brother just got out of prison after doing a year in prison. He's been in a CA STATE prison twice. Charges include DV and possession of a firearm.
I just finished a custody battle this January. My son's father had not been in my son's life up until last year when he fought for custody. If he were to take me back to court, can I loose custody because I am allowing my brother to stay with us for a while? |
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Is your brother a danger to your child emotionally or physically or does he have friends who are? That would be what your "ex" would have to prove.
I honestly don't know what I would do if I were you - it's not fair to not give your brother another chance. On the other hand do you want another custody battle, even if you win? |
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Actually, I know for a fact that my son's father is emotionally abusive to my on, and my brother would never raise his voice at my kids. ( I have two) I have a very strict household and I have set rules, a set schedule, and they are raised with good morals and education as a top priority... My brother is not allowed to bring anyone to the house, has a curfew, and he helps around the house.
I am only doing this because I know that he's wanting to change. We have another brother that hit rock bottom last year and turned his life around completely after finding the Lord. Our family dynamics have changed since then, but my son is 11 and my brothers have been the ones to teach him boy things like peeing standing up :), tying his shoelaces, etc. My ex told me he is not interested in another custody battle (I think because I could prove that he has not complied with certain things on the court order), but his new partner calls the shots and I just want to know what I'm risking if I allow my brother to stay here. |
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Could your ex make it an issue? Yes. Would the Court pay enough attention to his PROOF to make a change? I doubt it.
Could the Court be concerned that your brother is a bad influence, has friends who are bad influences? Yes. But the secret is proof - and this doesn't just involve yelling at the children. It also involves bad influences, mental abuse and so forth. I don't know the legal "clmate" in your area. I truly would not take the chance. |
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