My ex wants child visitaion and he is an ex- felon, could possibly be in trouble again, has very questionable character and his new "relationship" is doomed for disaster. He lives in Virginia and I live in Indiana. I have been raising our son for 9 years without his help and he spent over 8 years locked up. He may have this other "woman" knocked up and she is lonney herself and I don't like her or her attitude and don't my baby around her. Does anyone know I f he has a case. I don't think so.
2006-12-14 07:43:23 · 5 answers · asked by ♦ Phoenix Rising♦ 6 in Politics & Government ➔ Law & Ethics
He was convicted ov violent crimes such as B&E, robbery, and he did those to support his drug habit. He admitted to me while he was locked up that he was diagnosed with bi-polar disorder and I know he isn't on meds right now because he couldn't afford health care. He will soon get health with his job after the 90 day probation period starts. I can't really prove he is abusive physically because I never filed a police report but he has put his hands on me in the past. When he was using he did that. He did go off on a weird episode one time and threatened to kill himself if I left him and he pulled out a knife and stabbed the wall. His mother was abusive and had a string of abusive boyfriends and he watched them beat his mother or would try to stop them. His mother is also an alchoholic and is homeless right now. He is technically homeless cuz he stays in a motel with his girlfriend. I s this stable or safe? I don't see it that way.
2006-12-15 07:24:25 · update #1
If your son is 9, and doesn't know his father at all, I can't see the courts agreeing to let him be transported to his father to be with a pregnant girlfriend and his father living in sin. Plus his 9 year lack of child support.
Is he suing you yet? I suggest you sue for child support also have your attorney write in that you are willing to allow supervised visitation at your home (make him travel). As long as your clean, through in mandatory drug testing before he is allowed visitation. Chances are he will drop this pursuit fast when he figures out what a pain in his butt being a dad is.
I would bet that a judge would not allow your son out of the state to go see a convicted criminal who lives in sin. Especially if you "offer" the supervised visitation. You have a right to protect your child from criminals, even if the criminal is a father.
The best offense is a good defense.
Good luck to you.
2006-12-14 07:56:17 · answer #1 · answered by Gem 7 · 3⤊ 0⤋
THE FIRST THING IS THAT IF HE WANTS VISITATION HE HAS TO FILE IN THE COUNTY THAT THE CHILD LIVES IN.
2) THE FACT THAT HE IS A FELON DOES NOT MATTER UNLESS HE COMMITTED CRIMES THAT MAY BE DEEMED DETRIMENTAL TO THE CHILD. IE. ANYTHING THAT HAS TO DO WITH SEXUAL ABUSE. ENDANGERING THE WELFARE OF A MINOR, THOSE KINDS OF CRIMES.
3)UNLESS THE SPOUSE IS A VIOLENT PERSON AND YOU CAN PROVE IT, YOU HAVE NO SAY AT ALL AS TO WHO IS IN HIS LIFE (YOUR EX THAT IS).
4) IF HE GOES TO INDIANA AND ASK FOR VISITATION HE WILL BE RESPONSIBLE FOR ALL THE COST TO TRANSPORT THE KID TO VIRGINIA. NOT ONLY THAT YOU CAN ASK THE JUDGE TO MAKE SURE ALL VISITATION IS DONE IN INDIANA. THE BOTTOM LINE IS THAT IF HE REALLY WANTED TO VISIT WITH THE KID YOU CAN MAKE IT IMPOSSIBLE FOR HIM TO COMPLY WITH THE RULING THAT WILL BE SET FORTH BY A JUDGE. HE WILL GET VISITATION BUT YOU CAN ASK FOR MONITORED VISITS. DO YOU THINK THAT HE WILL COME FROM VIRGINIA TO INDIANA JUST FOR A TWO HOUR VISIT IN A COURT HOUSE ? THE FACT THAT HE LIVES SO FAR FROM YOU IS IN YOUR FAVOR EXPLOIT IT. YOU HAVE TO SAY THAT HE HAS THREATENED TO TAKE THE KID AND NEVER COME BACK. ALSO YOU ARE ENTITLED TO CHILD SUPPORT. HIT HIM OVER THE HEAD WITH A SUPPORT ORDER. CHANCES ARE THAT HE WILL GO RIGHT BACK TO PRISON ANY WAY. TRY NOT TO MENTION THE GIRL FRIEND TOO MUCH IF YOU GO TO COURT. IT WILL MAKE YOU LOOK JEALOUS. ALSO THE GIRL FRIEND HAS NO BUSINESS INTERFERING OR PUTTING HER TWO CENTS INTO THE LIFE OF YOUR CHILD. SHE CAN TELL HIM ANYTHING SHE WANTS BUT SHE HAS TO MIND HER BUSINESS WHEN IT COMES TO YOU AND THE KID. THEIR ARE PLENTY OF LITTLE THINGS THAT YOU CAN DO TO MAKE SURE THAT HE DOESN'T GO TO FAR WITH YOUR KID. WHEN YOU SPEAK TO HIM TRY NOT TO BE ANGRY . I KNOW IT'S HARD BUT YOU HAVE TO KEEP THE CONVERSATION CALM AND WATCH WHAT YOU SAY HE MAY BE RECORDING YOU. YOU MIGHT WANT TO RECORD YOUR CONVERSATIONS WITH HIM.
TELL HIM THAT EVERY CONVERSATION THAT YOU HAVE WITH HIM WILL BE RECORDED IN THE FUTURE. HE WILL SLIP UP AND ANGER WILL PREVAIL
THAT WILL BE YOUR WEAPON AGAINST HIM IF HE WANTS TO PURSUE THE ISSUE. ANGER AND VIOLENCE GO A LONG WAY IN PREVENTING VISITATION. THEIR IS NO FIGHT LIKE A DIRTY FIGHT. GOOD LUCK.
2006-12-14 16:08:07 · answer #2 · answered by strike_eagle29 6 · 2⤊ 0⤋
His criminal charges has nothing to do with being a father and visitation rights, unless his charges were around child molestation, endangerment, domestic, abuse, etc.
However you can fight for supervised visits if you feel your child would be endangered in his custody. You would need to seek legal counsel. Especially if he is still actively participating in activities that landed him in prison to begin with!
He is still the father and has the right to see his child, but I can understand your concerns especially if the crimes were child or domestic related. If you decided to go over supervised visits I wouldn't blame you for that either.
My husband has a criminal record from drug use as a teenager. Even though he is an a felon, (once is will always be.) he would still make a great daddy!
2006-12-14 15:49:09 · answer #3 · answered by Erica, AKA Stretch 6 · 3⤊ 2⤋
Far as I know there is no such a thing as an Ex Felon, unless he has been Pardoned and Absolved of any Crimes that he was charged with.
Ex Cons, yes, but no such a thing as an Ex Felon. If an Ex Felon cannot vote, I dont see as they have any say in Visiting a child. I could be wrong, but thats just common sence to me.
2006-12-14 15:54:00 · answer #4 · answered by Anonymous · 1⤊ 4⤋
Depends on his previous conviction. If he was in for drugs you can go to court and file indicating that the welfare of your child and his better interest are jeopardized by the father's presence.
Get legal advise.
Good luck,
2006-12-14 15:49:11 · answer #5 · answered by Anonymous · 1⤊ 1⤋