Can a judge take my son from me because of my boyfriends convictions?

16/02/2011 admin 13 comments

I have had custody of for nine years. I’m not an alcoholic nor a drug addict and I do take care of my child. Everything he is trying to say I can disprove but there is one thing I am unsure of. My boyfriend was convicted of armed robbery and breaking and entering in 2000 when he was 17 and is currently doing time for negligent homicide which also had no drugs involved and only .04 alcohol which is under the legal limit. He is a good man and would never harm me or my son. He made a mistake when he was a minor and suffered a very tragic accident which he is paying for now. So my question is, can that hold up in court? Can a judge take my son from me because of my boyfriends convictions?
The negligent homicide was in 2007 so it was 7 years after the first 2 convictions. He was on parole and didn’t get in trouble once.
“HEY THERE” I can disprove all the other stuff my ex is saying. My son loves my boyfriend and is actually mad at me for leaving him. I wouldn’t let anyone around my son who I thought could hurt him in anyway. it was months before he even met my son.

ALCOHOLISM TREATMENT because, boyfriend's, convictions, from, judge, take

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Written by Wut up about 1 year ago.

If your boyfriend is living in the house with your son, and it is deemed dangerous by the courts, yes, they can take your son away.
Written by kagerendan about 1 year ago.

If he isn’t a threat now, there seems no reason a court could take protective custody.
Written by Ty The Challenger about 1 year ago.

You sound pretty young. I think you should ditch your boyfriend for a while. Yes a judge can do that. Because it shows your naievity and how you can make so many mistakes.
Written by Pogolaw about 1 year ago.

The judge only makes decisions on matters that are brought before his court, who is making these allegations, that is the person or agency who you need to prepare a defense for.
Written by Inquisitive411 about 1 year ago.

It depends in what state you live in. Its also not as big of a deal if your not even married to your boyfriend yet.
Written by flika about 1 year ago.

Yes, it is up to the judge’s discretion. If the judge feels that your boyfriend is a threat to your son’s well being in any way, (emotional or physical,) he can insist the boyfriend leave the home or place the boy somewhere else and you could lose custody.
Written by Tuff D about 1 year ago.

The second your boyfriend does anything unlawful, the judge can have your child taken away. If he makes an effort to be a positive role model to your son then the judge will not have a reason to question the child’s safety.
Written by bandcamp about 1 year ago.

it depends upon the judge, and the skill of the attorneys involved.

what is in question is your judgment, not necessarily your boyfriends. keep in mind the phrase “guilt by association.”

by choosing to be with a convicted felon, whether he is around your son or not, makes people wonder if you are setting a good example for your son.

your boyfriend was convicted of armed robbery, breaking and entering and negligent homicide. he was also drinking alcohol at the age of 17, when the legal drinking age is 21.

you have to prove beyond reasonable doubt that your boyfriend has absolutely no negative influence on your son.
Written by dancing_smurf about 1 year ago.

Courts look at what is in the best interest of the child not the best interrest of the parent. Your boyfriend has some very serious charges against him and I would find it hard to believe that a Court would not take a child out the home where a parent was involved with someone serving time for negligent homicide. If the charge was theft or battery that occurred 10 years ago then there is room for argument. However negligent homicide means someone died as the result of his actions in which he was criminally liable. There is a strong argument that can be made, regardless if you believe he would not hurt your child, that it is in the best interest of the child not to have that child around someone that is criminally responsible for the death of another. In my opinion you are going to be faced with the choice of keeping your child or your boyfriend as it is the duty of the Court to protect your child which means taking him out of the home if you stay with him.
Written by rememberthecole about 1 year ago.

Sounds to me like your friend is a loser.

He was not a minor when he did the negligent homicide.

You got a choice, keep your friend or keep your kid.
Written by Hey there about 1 year ago.

How did we, as a society get to the point where a mother is unsure if she should stay with a convicted felon who is guilty of homicide over her son? Hon, this shouldn’t be a question for you. No matter how great the guy is, your son should always come first. Ditch the boyfriend, and set a positive example for your son. Don’t make excuses for this guy. If your worried that you’lll lose your son… doesn’t that tell you something? It shouldn’t get to a point where you need this advice, or a ruling from the court. You need to exercise your better judgment as a parent. Step away from the circumstances and see it from your sons point of view.

You state “everything he is trying to say I can disprove”. Who is trying to say something, your son? Are you trying to stick up for your boyfriend over what your own child is telling you? Take the blinders off. Sure, this man may be a whole new guy, but your son doesn’t trust him if he’s making these statements, and if you continue to back your boyfriend, your son wont trust you either.
Written by laughter_every_day about 1 year ago.

No, but the judge can prohibit you from allowing your son to be around a three-time felon who is looking at a life sentence next time. Then, if you refuse to comply with that order, the judge can remove the child from the home.
Written by maxmom56 about 1 year ago.

If your boyfriend is in prison, it’s likely that the judge will not have a problem. If the boyfriend is out and especially if he is living with you, I think a judge would seriously consider removing your son.

Your boyfriend is bad news. If I were his father, I’d be fighting for custody.

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Can a judge take my son from me because of my boyfriends convictions?

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