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    csgossett's Avatar
    csgossett Posts: 1, Reputation: 1
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    #1

    Nov 18, 2010, 09:56 PM
    Can a mother who is a convicted felon get custody of her kids back?
    I am a convicted felon for bank fraud. I spent 21 months in federal prison. I have been on probation with no problems. I have 7 months left to go on my probation. I want to get custody back from my ex-husband. My fiancé is also a convicted felon (drug charges) 10 years ago. No violence. Do I have a good chance?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Nov 19, 2010, 01:52 AM

    Was your ex-husband awarded custody because you were going to prison? Did the divorce and child custody order happen after you were charged? If so, it would be difficult not because you are a convicted felon but because you may not be able to allege changed circumstances (which is in many states a prerequisite to a change in custody).
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Nov 19, 2010, 04:37 AM
    Quote Originally Posted by csgossett View Post
    Do I have a good chance?
    Hello c:

    Sure. You'll have a better chance if you hire a lawyer.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 19, 2010, 04:47 AM
    Quote Originally Posted by csgossett View Post
    Do I have a good chance?
    A "ggod" chance, I don't believe so. But not because of your record but because a court is unlikely to change the status quo unless you can show a problem with the father's parenting.

    On the other hand I think you do stand a good chance of getting frequent visitation, especially if you live in the same area as the kids.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Nov 19, 2010, 08:35 AM
    Quote Originally Posted by csgossett View Post
    I am a convicted felon for bank fraud. I spent 21 months in federal prison. I have been on probation with no problems. I have 7 months left to go on my probation. I want to get custody back from my ex-husband. My fiance is also a convicted felon (drug charges) 10 years ago. No violence. Do I have a good chance?
    My first assumption is no. While it's unknown if your ex-husband has a criminal record of any kind, yours is not going to swing things in your favor. Couple that with your fiancé, it gets worse.

    The biggest issue is that your children have been primarily under your ex's care for nearly two years. You're going to have to prove that they're being neglected and/or abused while under his care in order to have any decent chance of getting custody changed. The courts will not uproot children from their familiar surroundings without just cause.

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