can a felon get custody when he gets out if his girlfriend is sending gifts and money to the mother?

gifting money
hime asked:


my friend has a baby who’s father is in prison. his girlfriend keeps sending the baby cloths and money in the forms of gift cards and cash. She is worried that when he gets out of prison he can use those gifts to prove that he is able to support the baby and that his girlfriend would be a good mother and try to get custody. The father is in prison for a violent felony. can any one tell me if those gifts could be used against her in the future and if she should return the cloths and money?

doye152
This entry was posted on Monday, July 14th, 2008 at 3:51 am and is filed under Law & Ethics. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

5 Responses to “can a felon get custody when he gets out if his girlfriend is sending gifts and money to the mother?”

  1. Common Says:

    Mabye, but its doubtful. Provided that mom is stable and does not have any major criminal infractions herself, I can’t imagine any court taking custody from the birth mother and awarding it to a convicted violent felon. A family law attorney could provide more advice in this area.

  2. tootsie729 Says:

    Don’t have her return them. That will look bad on HER part because they could say that she is keeping the child from them. Thats not a good reason to say that they will be good parents. I’m sure she will be fine and be able to keep the baby. There might be joint custody. But it the courts won’t take the baby away IF she is doing the right stuff.

  3. maxmom56 Says:

    She should keep the stuff. At best, they’re a form of child support. The father can always TRY to get custody. However, a violent felon has little chance of custody. She should not lose sleep over it.

  4. taximomuv3 Says:

    There is no law that says a person has to accept ANYTHING from a complete stranger (which I am assuming is what this girlfriend is to her)so tell her to return them. The father is a convicted felon – he will not get custody of the child in any state that I know of. Even if it was actually HIM that was sending the money and gifts (doubtful) it wouldn’t amount to anything other than child support – it does not guarantee custody. Tell your friend to return the gifts and money (or just refuse to accept them in the future) and not to worry about it as long as she is supporting the child properly and doesn’t give them any reason to fight her on custody.

  5. Amoré Says:

    that baby is going to grow up and want to know and be with his dad.
    a felon is a person who did something and got caught.
    we have all done something but most of us never get caught.
    that doesn’t mean he’ll be a bad father, give the guy a chance.
    besides sharing custody makes more sense for the betterment of the child.
    since the guy in prison can’t make money, obviously his girlfriend is providing things that she is buying or maybe the guy’s parents are also contributing gifts for the child.
    it’s a gift and also showing they did not forget baby.
    why return clothing and money when it’s for baby ?
    that wont prove anything except vindictiveness