Family Law: How does criminal background of mother's live-in boyfriend play into custody?

Family Law 3 views 2 answers
My fiancé has two children from a prior marriage. The mother has full custody and currently lives out of state. The state of WA has jurisdiction. It has been discovered that the mother's live-in boyfriend has been convicted of multiple misdemeanors relating to "driving under restraint." He has served jail time for several of them. There are other misdemeanors in his past in regards to destroying private property, etc. My question is how would this kind of a background serve in a custody dispute?

Attorney Answers

2
Larry Couture ·
The issue of the boyfriend's background is only going to be relevant under certain condictions. How old are the convictions? It would appear that none of them are against people or violent? A charge of "driving under restraint" does not exist in Washington what was it about and how is it relevant? I think, at best, it may create an issue of his presence when the children are around but normally will not play a significant role in determining a Modification, unless there is a lot more than some misdemeanor convictions for driving. It might also create a situation where he is not allowed to drive the children but, again, it depends on the circumstances, age, and type of conduct you are dealing with. Talk to your lawyer and ask him or her to investigate it if you want to spend the time and money.
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Deborah Josephson ·
Such factors can give rise to concern for the safety and well-being of the children. The weight given is, I believe, discretionary. What might be wise to do is to obtain the live-in boyfriend's criminal history. Then, take the history to a family law attorney to discuss what that experienced family law attorney believes the strengths and weaknesses to be in terms of a parenting plan modification.
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