I had a baby when i was 17 yrs the father of my baby abandonned me and the baby i have always let him b around but he has never chosen to b around our son. My son is now almost 10 yrs old and now the father of my son wants joint custody, he sent me a copy of the papers hes gonna file to court and he also included my husbands criminal record I'm not to sure how he's gonna use that against me but I kind of have an idea. Can that affect me in anyway?
Based upon my experience answering questions like this in my office, I have found that my client never likes my answer to the first part of your question.
I understand that you may have a great deal of anger and resentment toward your child's son because he abandoned you and your child about 8 1/2 years ago. I also understand that your child must have his own issues in that regard, including feelings of abandonment. I also understand that your son has no bond with his father and that he is a stranger to your son. However, studies show that it is in the best interest of the child that they have relationships with both parents. The court does not care why your son's father decided to become involved in the child's life after having abandoned him 8 1/2 years ago. Instead, the court looks at this as a benefit to your son.
However, I cannot imagine a court shifting custody to your son's father under these circumstances. He will receive visitation. Most likely, such visitation will or should commence in a joint session with a mental health care professional because of the fact that a bond must be re-established (or established) and many facts and emotions can and will stand in the way of the relationship building. The order will have give the father a step-up amount of visitation on a set schedule until the maximum amount of time set forth in that particular order. I seriously doubt that such a maximum will be anything close to 50% visitation at this point.
Your current husband's criminal record is relevant only if the criminal record would cause the court to feel that your child's health and safely are at risk because of the crimes your husband has committed. Certainly, for example, if your husband's crimes include sexual misconduct against children, there will be an issue. However, based upon the facts set forth in your question, I cannot imagine that the resolution would be shifting custody to a father that your son does not know.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
I agreed with Mr. Baer. Especially here in Santa Clara county, the best interest of the child is the always the court's main concern.
You would most likely go into Mediation first with the Father before you can present your case in front of a judge. Make sure you file an answer as soon as you received a copy of petition from the Father. DO NOT WAIT and DO NOT IGNORE ANY COURT DATE.
Tips, you may want to use "our son" instead of "my son".
