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-   -   Future custody case for convicted felon dad (https://www.askmehelpdesk.com/showthread.php?t=200043)

  • Mar 29, 2008, 03:26 PM
    mssassypants
    Future custody case for convicted felon dad
    Someone I love very much will be released from prison soon. How, What, and Where are the questions I'm asking as far as finding him a good attorney in the state that his ex wife is now located along with his son. Obviously, its got to be in the jurisdiction that his son is in. Which websites are the most helpful? Also, does anyone know the laws as far as back child support he might owe and medical expenses incurred for his son, while he was on the inside? HAve there been reports of judges granting summers or full custody to the convicted father, after he has proven himself back in the world? Any help would be appreciated, or if there is someplace on here to look and get information, I would be very grateful, thank you!
  • Mar 29, 2008, 03:29 PM
    Fr_Chuck
    Hello, normally he will owe all the child support that should have been paid while he was inside.

    All court issues should be addressed at the court where the original custody hearing was done at.

    He needs to start with using his visitation he has and getting to know his child better.

    To get full custody he is going to have to prove the mother is not fit to be the mother and that the child is better of with him, that is way down the road unless the mother is a current seroius threat to the child's safety or health.
  • Mar 30, 2008, 05:40 AM
    JudyKayTee
    Quote:

    Originally Posted by mssassypants
    Someone I love very much will be released from prison soon. How, What, and Where are the questions I'm asking as far as finding him a good attorney in the state that his ex wife is now located along with his son. Obviously, its got to be in the jurisdiction that his son is in. Which websites are the most helpful? Also, does anyone know the laws as far as back child support he might owe and medical expenses incurred for his son, while he was on the inside? HAve there been reports of judges granting summers or full custody to the convicted father, after he has proven himself back in the world? Any help would be appreciated, or if there is someplace on here to look and get information, I would be very grateful, thank you!



    Looking through your posts I see that you are looking into other countries that will allow convicted felons entry - is he planning to leave the country?

    Also, after 10 years in prison - I believe you met him while he was a prisoner - I believe he will have to really prove himself before he will be granted summers with the child and can't imagine unless the mother is a danger that he will ever get full custody. This was no one year sentence for drunk driving, apparently.

    How often has the child visited him in prison? Does the child know him at all?

    I'm not criticizing - I just have never understood the falling in love with a prisoner relationship. I suppose it can happen, I just don't understand it. I saw a fair number of these relationships when I was working in criminal law and it always seems to me that the one outside is being taken advantage of by the one inside. Of course, there are exceptions.
  • Mar 30, 2008, 05:56 AM
    ScottGem
    First, a lot depends on what he was convicted for. Second, the wife must have gone through a divorce. The terms of that divorce will state custody and visitation.

    Frankly, I think you are jumping the gun here by a wide margin. What you should be doing is helping him get a job and assimilating himself into society. Once he has done that and shown his rehabilitation, then he can start working on seeing his child again. I seriously doubt if any court is going allow anything more than brief supervised visitation to someone just out of jail.
  • Mar 30, 2008, 05:57 AM
    Fr_Chuck
    Ok, and this is going to sound fairly hard, I worked for years with inmates in both Federal and State prisions. Have you visited him in prision ?

    Inmates offen exchange letters that sound real good to send to girls on the street, this is often done to help get money into their store accounts, and more. I am not saying this is the case, but please start slow and be careful as you start a new relationship
  • Mar 30, 2008, 06:17 PM
    mssassypants
    Thank you for all the answers, but I am not so naïve as to think this is all roses. To answer some of your questions, No, he is not leaving the country, but if and when he can travel, better to know now, then try and apply later! And no again, I knew him before he went to prison, and I am helping with finding a job, and places for him to volunteer at as well to help with acclamation to society, but I am also trying to gather as much information as possible so that neither he, his sister or myself are scrambling to find help. Being prepared (for me anyway) is half the battle and if there is a goal plan or a plan of attack to go from, it makes things easier.

    He realizes that he has a very long way to go on every account, also well aware of the judgments people will place on him and the stigma attached with being a "convicted felon". He also knows that if he doesn't have a support at home to help him get acclamated to society he will have a harder time, he has no desire to return to prison.

    The mother does not have a good track record for men, Many of them, if not all have beaten the mother. There seems to be no change in her way of life to change or protect herself. He has seen his son while in prison many times, only the mother has moved to the central part of the country and its his sister, who brings the child to see him, which is very difficult considering the distances between both parents.

    I am just trying to get information to help me with searching. Any websites, other search engines, or suggestions on where to look is great. Thanks!
  • Mar 30, 2008, 06:50 PM
    JudyKayTee
    Quote:

    Originally Posted by mssassypants
    Thank you for all the answers, but I am not so naive as to think this is all roses. To answer some of your questions, No, he is not leaving the country, but if and when he can travel, better to know now, then try and apply later! And no again, I knew him before he went to prison, and I am helping with finding a job, and places for him to volunteer at as well to help with acclamation to society, but I am also trying to gather as much information as possible so that neither he, his sister or myself are scrambling to find help. Being prepared (for me anyway) is half the battle and if there is a goal plan or a plan of attack to go from, it makes things easier.

    He realizes that he has a very long way to go on every account, also well aware of the judgments people will place on him and the stigma attached with being a "convicted felon". He also knows that if he doesn't have a support at home to help him get acclamated to society he will have a harder time, he has no desire to return to prison.

    The mother does not have a good track record for men, Many of them, if not all have beaten the mother. There seems to be no change in her way of life to change or protect herself. He has seen his son while in prison many times, only the mother has moved to the central part of the country and its his sister, who brings the child to see him, which is very difficult considering the distances between both parents.

    I am just trying to get information to help me with searching. Any websites, other search engines, or suggestions on where to look is great. Thanks!


    Sorry, don't know of any website that will help you. You obviously have clear vision of the situation. What does the divorce say about visitation/custody?

    If the mother is a danger to the child then he should try for custody - you know it will be an uphill battle but, depending on why he was in jail, he is not "automatically" a danger to the child himself.

    An Attorney could probably be very helpful to you, particularly someone with a great deal of knowledge about matrimonial law/child custody.

    Other than that as you've said it's a step by step "regain your confidence, other people's trust, your life" process.

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