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Filed for divorce from husband who lives out of state. He was convicted of disorderly conduct, can I keep him from the kids?

Hesperia, CA |

Based on his Class B misedemeanor, which was brought down from a Class C felony, can I use this info in court to help me gain full custody of our children? He has visited them once in the past year & our youngest doesn't even know him. He's now here in California & wants to see the kids each day he's here regardless of what is in the best interest of the kids. Is there any legal action I can take to safeguard my children?

Attorney Answers 1

Posted

Unless you have a custody order, or a restraining order, you have no basis to keep him from having contact with the children. Whether a judge will view his conviction as a reason to keep him from having contact with the kids is impossible to say without more information:
How long ago was he convicted?
What, SPECIFICALLY was he convicted for doing?
Has he ever been convicted of anything else? What and when?
Assuming that he did whatever it was he was convicted of doing, what does that tell us about his ability to act appropriately as a parent?

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