Can my ex-husband get sole full legal custody of our son if he’s an ex-felon?

Question: Can my ex-husband get sole full legal custody of our son if he’s an ex-felon?

My ex-husband spent years in prison for possession amongst others as credit fraud and robbery. I recently got married to a man in the military stationed out of state, any chance that since my ex-husband filed the papers that he is able to gain full legal custody of our son? I’ve had our son since he was born 8 years ago and I’m just worried that my ex-husband will gain all rights and custody, and Arizona will make me stay in the state rather than moving to be with my new husband.

Answer:

Relocation cases are difficult though not impossible to win. The burden is on you to convince the court that it is in the child’s best interest to relocate, which will result in you child having limited contact with his father.

There are many factors that the judge must consider, including father’s present relationship with his son. The fact that father is a convicted felon is not near as important as the current situation.

You should not take this matter lightly and should immediately consult an experienced family law attorney. It absolutely is possible that your request to relocate with the child could be denied and that father could be awarded residential custody of your son.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.