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lb1014 · Jul 6, 2016, 02:42 PM

My boyfriend has previous felony charges for OWI and possession, ranging from 3-5 years ago. None of which is relevant to myself or my child. There are no violence charges or anything pertaining to children. Is there anyway my ex can get sole custody of our 4 year old daughter due to this? He has been harassing me for days over the issue. My boyfriend is not an unsafe individual, there is no issues other then my exs feelings are hurt that I have moved on. He has threatened to call CPS which is fine because passing drug tests, etc. is not an issue. If he takes me back to court and uses this, could he get custody? If anyone has any advice please share. We live in Indiana. Thank you.

I forgot to mention that her father is paying back child support and has never shown up for all of his visits monthly in 2 years.

smoothy · Jul 6, 2016, 03:50 PM

If he's the father... he's got the right to file for and might even get custody if he can prove to the court he can provide a safer environment for the child than you can. The Boyfriend with the felonies (particularly since they are fairly recent) isn't going to work in your favor. And when it involves child custody, it does become a factor that's taken into consideration by the court, particularly if he lives with you. Its not a sure thing either way.

He will still owe you the back support even if he succeeds, but he wouldn't owe new support, in fact you might owe him support if that happens. If he does file, hire a lawyer to represent you. You would have a better chance than going in representing yourself. Until he does, it might just be all talk. It won't erase what he currently owes you, and being in arrears isn't going to work in his favor.

ScottGem · Jul 6, 2016, 06:24 PM

There is no way to predict what a court will do. My gut felling is that he is unlikely to get sole custody. The fact that he hasn't exercised his court ordered visitation in 2 years is goig to work very much against him. The court is likely to see this as a ploy to get out of paying support.

But he will be able to take this court and, if he has an attorney you will need to get one too.

J_9 · Jul 6, 2016, 07:32 PM

Courts these days are giving custody to fathers more now than they have in the past. Considering that your boyfriend is a felon, and it involves a drug charge, you are treading on a slippery slope.

Since your ex owes back support, he would continue to have to pay you until paid current, but there is a risk you would have to start paying as well.