We've had my step son for 4 years. We had school and
doctor's records to prove this. The mother (who lives in
another state) continues to pop-up every now and again
threatening to take him. So, we recently filed a summons
for parental allocation. My husband has requested full
The mother also, has a long criminal record. What are our
The criminal record is relevant only if it shows a pattern of crime that would make her an unstable parent. Certainly, one can't parent from a jail cell. So if she's done jail time repeatedly, it's relevant.
That said, if she has a few misdemeanor convictions (payable with a fine and no jail time) for something like check fraud, what's your argument that it's relevant to being a parent?
If there's nothing wrong with you or the husband, and if you can put together a convincing case with credible testimony and evidence, it would seem to me that your husband would stand a pretty good chance at retaining the primary caretaking time of the child.
The emphasis should be to maintain the status quo, because it's serving the child's best interest.
The term "parental allocation", by the way, is new terminology to decide who has custody. I guess it's a way to prevent a winner vs. loser ruling, though it still has the same outcome.
I strongly recommend that you buy your husband the book "Child Custody A to Z - Winning with Evidence", which I describe on my Recommended Books
page. No other book available will do a better job at really helping your husband put together his case.