A Father has been paroled since July and wants joint custody of his son, can he get this.
2007-09-24 05:43:32 · 13 answers · asked by Jackie D 1 in Politics & Government ➔ Law & Ethics
Two different answers here depending upon the type of custody you are asking about. . . Legal or Physical? Note this is based upon CA law. . .
Legal custody is the authority to decide where the child goes to school, religion, vacations, medical care, etc. It is very difficult to get sole Legal custody of a minor child because the court does not like taking away these rights form a parent unless there is a serious harm to the child. So if the parole is for a sex crime, or drugs you may be able to get sole Legal Custody, but otherwise likely not.
Physical custody is who is taking care of the child. It is difficult to get sole Physical custody (not as difficult as legal though). Sole physical custody would mean NO CONTACT by the farther. The court does believe that contact with the farther is in most cases beneficial to the child. If this contact would be harmful to the child would it be limited. The court is likely to limi the contact to visits (either supervised or unsupervised) before they Will remove all contact from one parent.
It will be difficult for you to remove parental rights from a parent unless they have done something that will harm the child. . . Good luck. . . Make sure to love your Son more than you may dislike his father. . .
2007-09-24 06:08:00 · answer #1 · answered by Peetie 3 · 0⤊ 0⤋
no!! No judge is willingly to sign an order giving joint custody and place his job on the line!! Most courts will make it very difficult even when the father is doing the right thing. (he'll need a good lawyer)
If the child was born before the father went into prison, he should have been doing the right thing then and not be involved in criminal activity!!!
now if the child was born while in jail, then he is deserving of second chance!!
2007-09-24 12:59:59 · answer #2 · answered by San 2 · 0⤊ 0⤋
Can he...? yes. Will he?... that is up to the courts and dependent on the circumstances.
Nature of the crime - if it was violent or drug related, that might make the court feel he is a danger to the child. But, it is was a non-violent crime, like check fraud, then his status as an ex-con might not be so important.
Solvency - Does he have any money. If he does, he can both hire a better lawyer and argue that he has the means to support the child. If he is broke, then the opposite is true.
History with the child/mother - If he has maintained contact with the child and/or the mother the courts may feel he is making a effort. If he has had no contact with the child, not shown any interested in the child, and is in an combative situation with the mother, that may severely impact his chances.
2007-09-24 12:52:26 · answer #3 · answered by Wundt 7 · 0⤊ 0⤋
He will have to jump through a lot more hoops than a father without a record but it can be done. He'd need to check with a family court lawyer for advice on what he needs to have in order before seeking joint custody and make sure it's all set to go.
2007-09-24 12:51:24 · answer #4 · answered by Lex 7 · 0⤊ 0⤋
A court has to decide this issue, it is different in each case. In MO the courts will usually grant custody jointly if the offense does not involve drugs or violent crime. Nana
2007-09-24 12:47:45 · answer #5 · answered by nanawnuts 5 · 1⤊ 0⤋
The courts will only deny custody if you can substantiate a danger to the child.
You didn't say what he was in for, that may make a difference. However, he is legallly considered as paying his debt to society, so it will be up to you to prove he doesn't deserve custody.
2007-09-24 12:56:27 · answer #6 · answered by trooper3316 7 · 0⤊ 1⤋
Aside from the other issues raised by people not attorneys, I'll only address the specific question asked.
Yes, he CAN. The fact that he has a criminal record does not preclude him from his constitutional rights as a father.
2007-09-24 13:01:31 · answer #7 · answered by hexeliebe 6 · 0⤊ 0⤋
Get a good lawyer and the custody shall remain under that person's name.
Make the situation as clear as possible.
2007-09-24 12:47:34 · answer #8 · answered by Casandra X 3 · 1⤊ 1⤋
First step, supervised visitation. then unsupervised visitation, then one day, then weekend, then maybe a vacation trip. At last joint custody, will probably take years.
One step at a time and do not push too hard.
2007-09-24 12:50:30 · answer #9 · answered by Anonymous · 1⤊ 1⤋
Depends.
What his charges are, and his current living situation/environment. Even felon fathers have a right to be a father.
2007-09-24 12:48:07 · answer #10 · answered by Susie D 6 · 1⤊ 0⤋