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

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.

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Attorney answers 3


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.


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

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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 Albert Batista is located in Naples, Florida, and provides answers to these legal questions for educational and informational purposes only, and not as a substitute for an in-person meeting with an attorney. No attorney-client relationship is created by this generic legal answer. If you would like to consult with an attorney, please feel free to call or email me to set up an appointment, or contact any of the attorneys in your area.