Well anyone of the parents always has the legal right to file for custody if they want. As far as getting custody with a crimmal record it would depend on what the crimmal record was and if there was a reason that the child couldn't stay with the parent that has the physical custody now. You need a reason for wanting to take custody from the mother or who ever has the child in their care now. So without knowing more detail I can't give you a reasoniable answer.



