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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption