Criminal records


#1

I know you said these were questions for an attorney, but I got to tell you; get all the information you can about his “criminal” behavior and give to your attorney. He can be subpeonaed to court for custody, I was. The courts want to hear from or know about anyone who will be spending time or being responsible for the children and they have the right to question those persons down to the tiniest detail about their past or present lives. My husband subpeonaed his ex’s boyfriend because he was living with her against their separation agreement, but being as he had just gone to court for DWI, when they went to serve him, she told them he wasn’t there. Sadly, since it was only two days before the hearing they did not get him served.
Talk to the bank about the frozen accounts and see if they have any advice. Maybe requiring both signatures for withdrawals…


#2

the money question is about spiltting it up, is she entitled to half that as well, what about the kids rights to that money??


#3

Dear singlefather:

Greetings. Yes, the criminal record may be taken into account. Yes, the children’s money (if in their name or in trust in their name) is off limits generally. Hope that helps. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

OMG…I hope she is not dating my ex. Sure does sound a lot like him. Best of luck.


#5

I had to giggle when I read this ----- let us all know if it turns out to be true and he may have just found his best witness!

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Wouldn’t that be justice![}:)]


#7

wish you were too jones, then i could find more truth about him

my ex is convinced she is getting custody…this is for the lawyer–is NC a mother first state? she keeps telling me it is, but what i read-on here-is different…but ex is convinced that now that she has found HAPPINESS, then kids should automatically go to her, she wont be leaving them again everynight because she has found her SOULMATE–what the hell, and his criminal record is irrelevant, he is a changed man, he walks on water–yeah he beind on his CS but he is making that money now to paay it off, making some to help her get that great lawyer, and get them (or her) a place–it changes depending on mood–as far as she will be concerned it will be her place, but with him there all the time “visiting”

in custody–can we get her bills, checking accounts as eveidence–i guess what i am trying to say is that can i make her PROVE that she is handling all those bills by herself–where is the money coming from

sorry to ramble, but i am so confused and worried, i got to get her out of my head, i got to focus on kids, i CANNOT lose them, i cant even begin to think of them one day spending the night over there, even if he isnt there, just knowing that the bed they will sleep in (the kids) is the same bed she is sleeping with him in, it makes me sick—i say that becasue kids have always slept with us, and am sure that they will do that again…sorry again yall


#8

You can request her finacial records, bank statements, pay stubs, income verification for entire previous year.
Believe me, her living with her boyfriend will NOT look good to the courts for custody. Especially since he has a criminal record. Get him subpeonaed! The friend that your STBX was using as an alibi, subpeona her also. And don’t let her know what ammunition you have on her. Get that recorder on your telephone!
She will be entitled to visitations but if you have primary custody as you do now, though temporary, that could be limited no overnights with the criminal boyfriend in the home. His criminal record is a matter of public record.
Get enough information together and she won’t have to worry about not leaving the kids every night because YOU will have them with you. Most people will tell you that NC is still a state that prefers mothers for custody. I would agree to an extent but this will depend on age of the children, the circumstances of the separation and what the mother’s history is with the children, who the primary caregiver is and has been, and how good your attorney is! I believe that father’s in NC do not get an equal chance at custody but then that is changing also due to that there are more father’s out there who WANT custody. Keep us posted!


#9

Dear singlefather:

Greetings. No, NC is not a mother first state. A criminal record of a boyfriend is important, but the mother’s behavior is the most relevant.

If the money is in the name of the children, generally the court will allow the children’s accounts to remain for the future use of the children. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#10

posted here before, in the emotional issues
thanks to stepmother for lots of good sane advice

here is my question for lawyer–two of them

how important is a criminal record in dealing with child custody. i have temporary child custody, but i know soon to be ex will fight for kids, she EXPECTS to get them, even though she lied and left us for her boyfriend…she was having affair for 6 months, leaving every night to go over there and stay, telling me and kids she was at a girlfriends house, and constantly denied affair

he has a criminal record dating back to 1997, it was 21 pages long, lots of worthless check charges, lots of driving infractions–no license–and two felony drug convictions, one in 2001 and the other in 2003. they were for possession of cocaine, he ahs also been through rehabs, and other crimes–larceny, uttering, making threats–were dismissed----it was his fathers good ol boy connections. Will this be looked at in the custody stuff, i mean she wants to live with him, and has been, and says THEY will be getting their own place, or then she changes it to say she will get her own place–but her will be paying bills, becasue she has no money or job herre in NC–they are out of state now, supposedly working to make "more than you (meaning me) will in a year. Will this be looked at and how much weight will it have?

the other question is dealing with childrens money, they each have savings and CD’s. i put the monry in from my paychecks, birthdays, christmases, and some from an inheritance. STBX never put a penny in, only when i caught her taking money out in the past did she “reimburse” that money. after she left for good, i went to bank and froze that money…5 hours later, STBX called and cussed me out for taking away HER money–i told her it was the kids, and not hers, she said it was the only money she could get to and i was putting her on street (she forgot about the $5000 she got from me to have the affair)

Is the childrens money off limits to us, i wish it was, she will just spend it and then they will have nothing. what will happen

i do have a lawyer, she doesnt (thats why she has to make money now) and am asking him but want another opinion. thanks