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Criminal Conviction during a child custody battle, what happens after?

Orange, CA |

I am a father who is going through a pretty nasty divorce where the other parent doesn't want to share, co parent, or mediate custody. I recently brought fourth a contempt case against her for taking the child out of the state and missing my visitations. I won and she was convicted on 8 counts of contempt for the 8 missed visits but not convicted on the ATROS and placed on probation. I have been trying to wrap my head around this, what does this mean, how bad is it for her, is this a game changer, criminally what just happened, how bad is this for her because she has temporary custody will I be given custody now?

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Attorney answers 3

Best Answer

Family Code section 3040, " the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the non-custodial parent."

I would retain an attorney from you area and file a Request for Orders modifying the current custody/visitation orders. I would say you have enough in your favor to obtain a ruling in your favor.

Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship



I do have a really good attorney but she has never won a contempt case before and I am looking for opinions from her peers. I am hoping for 80% being I got her on 8 counts and when things die down I'll split at 50% which is best for our little one. What do you think?


Denials of companionship are certainly a basis for a change of custody, and a criminal conviction for same is certainly a factor which will benefit you. Is this a game changer? I would believe that it is.

Speak to your lawyer about a more aggressive custody filing-- not just contempt-- and good luck.

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Thanks for your response, I am trying to wrap my head around what happened. I did ask my attorney she said winning a contempt is very hard and this is the first contempt she has won and on 8 counts! We are going for a custody modification with a new judge because the old one got himself in trouble and excused himself and moved to another court house. I am still trying to figure out how much of a big deal this is.....


Along the lines of the previous responses, there are numerous factors that get taken into consideration when determining matters such as child custody and visitation. An attorney would best be able to represent your interest and know how to put forth your best argument regarding what you are seeking in terms of child custody. Numerous attorneys on AVVO, including my office, provide free consultations for family law matters.

This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through and similar social media does not establish an attorney-client relationship with me or my office. To schedule an appointment for an attorney-client privileged consultation, contact me at 909-860-0342. Thank you.

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