Legal Question in Family Law in West Virginia

getting custody of my child

My ex-wife is a convicted felon. She has been arrested numerous times. She is currently indicted on 8 felonies in another county. I was only able to get joint custody of my daughter and still have to pay half daycare and child support. I want custody of my daughter. Is there any legal precedent when the mother is convicted of a felony and on 5 years probation that would help me get custody?


Asked on 6/15/99, 10:44 am

2 Answers from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: getting custody of my child

I am not familiar with the case law in your state but if you plan on handling this alone I suggest that you do some research at your local Law Library or on the Net.

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Answered on 6/30/99, 1:08 pm
Jonathan Schiff Self employed

Re: getting custody of my child

Not knowing the law in your jurisdiction anything I say is going to be general. My guess is that there is not going to be anything that specific in the law regarding custody and convictions. But it sure raises some questions. What kind of felonies are these? If they are related to violence or drugs or anything else for that matter that poses a threat of harm to child then either the domestic relations court or other court that deals with abuse and neglect might get involved.

Then there is the nagging question in the back of my mind about what happens to the mother if she gets convicted of one or more of these eight felonies that you say she currently is under indictment for. Might she become a guest of the state? If so you might not have to do very much at all except notify social services or file with the the court that granted your divorce and take custody. The bottom line as I'm sure any other lawyer will tell you is consult with a lawyer in your jurisdiction and be sure to include as many juicy details about your ex wife's felonious escapades as you can think of.

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Answered on 6/30/99, 6:36 pm


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