Former Subway spokesman Jared Fogle has been in the news lately, having been sentenced to more than 15 years in prison after pleading guilty to charges of child pornography and travelling to have sex with minors. Now that the criminal proceedings against Fogle appear to be resolved, he is facing a divorce filing from his wife, according to a news report.
Though divorce is a civil court matter, this case shows how a person being charged with or convicted of a crime can affect his or her divorce case.
Fogle’s wife filed for divorce the same day federal prosecutors announced he had agreed to a plea bargain. In the filing, the wife asks for sole physical and legal custody of the couple’s two children. She notes that Fogle is an admitted pedophile who has acknowledged using child pornography. The filing argues that he poses an “obvious and unacceptable risk” to the children.
The wife also says that Fogle was frequently away from home and “did not play much of a role” as a day-to-day parent.
Fogle has requested regular visitation time with the children, but his wife objects. She says she has moved out of state with the children, and making them available for regular visits would force them to move back, so they can be near the prison where Fogle is serving his sentence.
Given Fogle’s legal status, and the nature of his crimes, it could be very difficult for him to obtain visitation over his wife’s objections.
In the vast majority of child custody disputes, crimes this serious are not an issue. But accusations of domestic violence, substance abuse, and similar crimes may be used by both sides to convince the court that the other party is an unfit parent.