If I just got into a wreck while intoxicated and now have 2 felony charges pending, am I still able to file for full custody?

UPDATED: Sep 21, 2012

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If I just got into a wreck while intoxicated and now have 2 felony charges pending, am I still able to file for full custody?

Or should I forget about it now because of the pending charges? We are not married but have lived together for 4 years; our daughter is 3. I have provided all income during this time. I own the house that we live in. I have no other criminal history at all. I am the father. I would like my daughter to stay in this house because this is where our daughter has grown up.

Asked on September 21, 2012 under Family Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Just because you have criminal matters pending with respect to the automobile accident that you were in does not in and of itself preclude you under the laws of all states from filing a petition with the court seeking full custody of your daughter. However, the  pending charge or even a conviction could impact the court's ultimate decision with respect the child custody issue that you have written about.

I suggest that you consult further with a family law attorney about the matter you have inquired about.

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