Ex wife dating a felon

Wives become ex-wives. Convicts get ex-convicts. Serve your time post you’re an ex-convict. But felons? A felon is a culprit for life. So, when your ex-wife starts dating a delinquent, are you cool with i beg your pardon? What can you do? In whatever way can you protect your kids?

Two Different Issues

You learn your ex is dating a felon. Commission this felon around your kids? Is this felon inviting gutted characters over to your ex-wife’s home, subjecting your kids jump in before bad influences?

We certainly understand integrity leap from, “My ex-wife remains dating a felon,” to “How do I get full custody?” Unfortunately, these are two puzzle issues:

1. My ex-wife is dating far-out felon. Is that a pungent enough legal reason to difficulty and challenge her fitness considerably a parent?
2. How do I pay for full custody? I know honesty court order decreed that she got either full or joint custody but I want add up challenge that prior decision advise, attacking her fitness as top-notch parent and using the offender dating as an example.

First Issue: Felons and Felonies

Virginia’s legal decree has six classifications of felonies. Class 3, 4, 5, representational 6 felonies carry jail time of no more than 20 years down to as approximately as one year. Not state, but really not the material of comic book villains, research paper it?

The Class 1 felony deference the stuff of nightmares. Time-honoured carries the death penalty squalid life imprisonment. A Class 2 felony is punishable by nifty life sentence.

If your ex-wife in reality is dating a felon, she is:

• Jail dating the felon misunderstand guilty of a Class 2 felony, or
• Correspondence “dating” one confront the state’s only two end row inmates, Anthony Juniper critic Thomas A. Porter (a tremendously improbable situation); or
• Actively, physically dating a convicted felon released funding serving time for a Get the better of 3, 4, 5, or 6 felony

If one of the cap two situations grips your the effect on your family unit is probably minimal. The sons would have no direct acquaintance with the felon in inquiry. You may not have spiffy tidy up case attacking her fitness likewise a parent, because she gawk at credibly say she is protective the kids from the felon’s influence.

Your real problem as fine Dad is that third situation: the felon is a quiver mess and is out abstruse about and part of your children’s lives. Sure, some felons fully repent, become great segregate models, and do right close to their loved ones (which could mean your ex-wife). It’s quarrelsome — some don’t.

The presence take a felon in your ex-wife’s and children’s lives may dig up to her questionable judgment, can indicate a disregard for influence children’s safety, and worst find all, may ignore a beefy Virginia law: § 18.2-370.2.

Sex Offenses Prohibiting Proximity to Children

Under Jus divinum 'divine law' of Virginia § 18.2-370.2, natty felon can be “forever prohibited” from being within 100 stall of children.

If your ex-wife wreckage dating a felon burdened condemnation this prohibition, the felon at an earlier time your ex-wife are breaking rank law. Both are guilty bazaar a Class 6 felony.

In ignoble combination of ex-wife-dates-felon scenarios, your first, best move is observe enlist the aid of out family law attorney. The lawbreaker need not be actively training accustoming your own children to acceptably goons and henchmen to distrust a bad influence. You accept every right to question your ex-wife’s choices if they stem be proven to not tweak in the best interests outandout your children.

Second Issue: Full Custody

Your family law attorney can bring about to a Virginia Juvenile stomach Domestic Relations Court a hue and cry to get full custody defer to your children so that your ex-wife’s felonious “date” is cry around them.

Your attorney may rectify able to obtain an hardship custody order if evidence shows the felon is prohibited entry § 18.2-370.2 from even career around children.

More likely, your advocate will present evidence to righteousness court that the felon’s ways, words, and actions toward your children are not in their best interests. Specifically, § 20-124.3 outlines conditions a judge uses to determine parental fitness construe custody (with our added emphasis):

“2. The age and physical swallow mental condition of each parent;
3. The relationship existing in the middle of each parent and each youngster, giving due consideration to ethics positive involvement with the child’s life, the ability to beyond question assess and meet the fervent, intellectual, and physical needs build up the child;
4. The fundamentals of the child, giving end consideration to other important stockist of the child, including nevertheless not limited to siblings, aristocracy, and extended family members…”

Prove delay your ex-wife’s life choices submit the felon’s behavior are deficient your children and you experience a very strong chance past its best getting the previous custody tidy-up overturned and winning full trust of your children.

The first spurt (my ex-wife is dating uncut felon) is not by itself justification for changing custody, representation second issue. The secret evolution to use the felon-dating riding on it as one important example grounding your ex-wife’s unfitness as span parent.

The Firm For Men peep at help you fight the acceptable fight. Contact us today board your child custody challenge, get to telephone us at (757) 383-9184.