Can the reason you were dismissed from your job be brought into court in a child custody hearing?

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Can the reason you were dismissed from your job be brought into court in a child custody hearing?

My girlfriend’s ex-husband got custody of the kids (in an incredibly underhanded way) in the original divorce about 7 years ago. He denies her access to the kids whenever he feels like it even though she is paying him child support. She’s had enough of what he is doing and wants to go back to court to see if she can get her kids away from him, but she is scared of one thing. Last year she was dismissed from her job for 2 reasons: 1) she wanted to show me something that her company was doing so she e-mailed me a document that she should not have, and 2) we were exchanging naughty e-mails.

Asked on September 24, 2011 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I really think that the best thing for your girlfriend to do is to speak with an attorney in your area on the matter.  The courts try and make sure that the children have a good relationship with both parents and aside from her being able to obtain support, she can surely enforce a  visitation agreement issued in the matter. And she should indeed do so each and every time he denies her access to the children.  Now, as for the reasons that she was dismissed from work.  She violated company confidentiality and she acted  unprofessionally in the workplace.  As for whether or not this is tantamount to a blip on her moral charchter that could effect her ability to obtain custody, the courts look at matters "in the best interest of the child."  If he could use this against her in the way stated above then it may have a bearing on the outcome.  But really an attorney in the area would know best.  The local case law will be the judge. Good luck.


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