questions & answers

Question: My felony drug charge was set aside and all my rights have been restored for 7 years. My wife's ex-husband is making my prior conviction an issue in regard to custody of her 11year old daughter. She has been in my life now for 5 years. My mistake was before I knew my new wife. Will my charge put my wife's custody of her daughter in jeopardy?

Answer:

How charges would effect custody depend on many different variables. If you are concerned that your charges may effect the outcome of a custody determination, you may want to speak with an attorney about your specific circumstances.

The Arizona Rules of Family Law Procedure, Rule 49(B)(3) states that, "in a case in which child custody or parenting time is an issue, unless good cause is shown, the following documents and information shall be served on the other party with the Resolution Statement:...3. The date, description, location and documentation of any criminal charge against or conviction of any party or member of the party's household occuring within ten years of the filing of the petition."

Much will depend on the precise nature of the drug offense that was committed, as well as conduct since then. This answer contains general legal information. To see how the law applies to your specific circumstances, you may want to consult with an attorney.