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Main Forums => Custody Issues => Topic started by: rn12rw2 on Apr 15, 2005, 08:38:01 AM

Title: Ex Convicted With.....
Post by: rn12rw2 on Apr 15, 2005, 08:38:01 AM
2nd dui in ten years and manslaughter. She was convicted yesterday. Sentencing is on July 12, 2005. She is still out on bond. Toxicology test also showed marijuana use. I am in the process of getting the order and toxicology test papers to prove to the courts of this. She also had to relinquish her DL to the court. I want to get my daughter now. At this time we have 50/50 Physical and legal custody. I talked to my lawyer and he says he can't guarantee me even a temporary full custody until her sentencing. What gives in this world to prove an unfit parent? I was told by so many lawyers and people to wait until she is convicted and now I have to wait 3 more months for the sentencing?

I Live in Virginia.
Title: RE: Ex Convicted With.....
Post by: OchoaNow on Apr 18, 2005, 03:05:51 PM
Good luck with that.  My DH 's ex is a convicted felon and it was not enought to grant custody of his two kids to him.  The conviction was in 2001, the divorce was in 2002 and here we are today in a custody battle for them.  Of course we have a better lawyer (woman) and the ex is screwing herself with her contempts because she thinks she is invincible.  Her day will come.

My advice to you is to keep documentation on everything and you will know when the time is right.  Waiting until the conviction is probably the best thing to do.  Then it will be a "fresh" conviction and you can strike when the ink isn't even dry on her papers.

Seriously, good luck and do not give up.  DO NOT GIVE UP.  
Title: RE: Ex Convicted With.....
Post by: rn12rw2 on Apr 18, 2005, 04:21:33 PM
well she has already been convicted on both (both felonys) on April 13th. Just waiting for the court order to be signed by the judge so I can get a copy and file the motion. What was the felony she (the DH's ex) commited?
Title: RE: Ex Convicted With.....
Post by: rm1759 on Apr 19, 2005, 08:50:55 AM
Is the transportation laid out in your CO?  If she has to bring them home, I would think you could refuse to let your child go b/c she doesn't have a DL...
Title: RE: Ex Convicted With.....
Post by: OchoaNow on Apr 19, 2005, 09:04:21 AM
She was convicted of embezzling $40,000 from the bank that she worked at.  From what I understand and my internet research tells me, all she got was one night in jail, restitution and 10 years probation.  She is not current on the restitution but still she's got the kids.  After all of this, we are still optomistic about him getting custody.  We plan to use this (among other things like contempts) against her.
Title: RE: Ex Convicted With.....
Post by: rn12rw2 on Apr 19, 2005, 10:20:13 AM
well it's a verbal agreement that I pick her up at 7:30AM weekdays and she is to pick her up at 5:30PM. But being the nice guy I am, I pick up and return......since she does'nt have a DL now. She spends the night with me on Wednesdays.
Title: RE: Ex Convicted With.....
Post by: rn12rw2 on Jul 15, 2005, 12:07:06 PM
mother was sentenced july 12, 2005. She got 3 years. Child is in my custody as of now and we will be in court August 1st. to make it official.
Title: RE: Ex Convicted With.....
Post by: dipper on Jul 15, 2005, 12:43:18 PM
I am glad your child is safely with you.  I know it is going to be difficult on her/him to deal with having a parent in jail...Best wishes to you all.
Title: RE: Ex Convicted With.....
Post by: rn12rw2 on Jul 15, 2005, 12:53:21 PM
actually she has wanted to be with me all the time. The mother never spent any quality time with her and on numerous occassions the child would not want to go with her as in kicking and screaming wanting to stay with me. After the accident last year, I kept her for a month and not once the child even asked for her mother. I have never influenced the child to think this way. I think it just came natural to her that she wanted to be with someone who really loved and cared for her. Then again having the bond between us because of her being with me everyday M-F from 7:30 am to 5:30pm since we separated when she was 11 mos. old. I also did a lot before that too while she was an infant because I was the one that stayed home and only had to work on weekends.
Title: RE: Ex Convicted With.....
Post by: flewwellin on Jul 15, 2005, 10:35:52 PM
I am so glad your daughter is safe!  And I am sure you are so relieved that she isn't with her mother anymore!

CONGRATS
Title: RE: Ex Convicted With.....
Post by: skye on Jul 17, 2005, 05:56:23 AM
what court system in VA ?


I know an attorney here who thinks different and he is reasonable if you are in his area he could help you