Can a three year old arrest be used in a custody modification, or is it too old to be considered?

Asked about 2 years ago - Naples, FL

50/50 residence. Florida. parent arrested for shoplifting, child (8) was with parent. Knife present on parent. child released to step parent. parent charged with indusing a minor to be delinquent. custody modification has been pending 1 and half years, several other issues, just want to know if arrest can still be considered or if the judge will brush it off due to it being 3 yrs ago.

Attorney answers (3)

  1. Eric J Trabin

    Contributor Level 19


    Lawyer agrees

    Answered . It could be used but the weight given the evidence will be up to the judge. Generally the older a case is the less it will be considered by the court.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  2. Brent Allan Rose

    Contributor Level 20

    Answered . Three years is not that old. The Florida evidence code genrally says that convicvictions generally can't be used after 10 years.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  3. Alberto Victor Batista

    Contributor Level 10

    Answered . The question is whether or not it is a conviction. Evidence of convictions can be introduced in court for up to ten years. It is up to the judge to decide whether or not it is relevant. However, a parent who is inducing the child to engage in shoplifting does not sound like a good parent.

    However, if there was no conviction, using that arrest as character evidence may not be easy. You should consult with an attorney.

    Albert Batista, Esq 9853 North Tamiami Trail, Suite 203 Naples, Florida 34108 Phone: 239-272-9327 Attorney... more

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Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

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