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Women denied custody over children due to criminal history

On Behalf of | Jun 26, 2016 | Child Custody

In an extraordinary case, a judge denied a woman custody over three children fathered by her husband with another woman. The judge cited her past criminal history, specifically the drowning murders of her first three children as evidence of her inability to be an effective parent. This post will review this unusual case.

The woman in question was charged, along with her then-husband, in the drowning murders of her three children. Allegedly, the drove their car into a lake and watched as it slowly sank into the water. The husband was convicted of murder and she was convicted of child endangerment.

Upon release from prison, she met her current husband (recently divorced) who had three children of his own. They lived together until 2014 when the state learned of her new family and took custody over their children.

The current litigation involved her and her ex-husbands ability to win custody back. The judge was unsparing in his criticism of the woman. Her primary witness, her therapist, reversed her position on the stand and stated that she would not recommend that the mother retain custody over her children.

As of this writing, the court has not terminated their parental rights which mean that either the father or mother can win back custody but they must independently prove that they are able.

This is an extreme case, the state generally does not assert custody over children but it can happen. It must be an extraordinary situation to warrant intervention. The state refrains from intervening because it is very expensive. If you lost custody over your children, then you may want to speak to a family law attorney. An attorney can review your situation and recommend various legal strategies to get custody over your children back.


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