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View Full Version : Can a convicted felon lose primary residence of their child?


bigmama08
Dec 24, 2008, 06:43 PM
I have received a summons for paternity and related relief. My child, (whose 2 yrs old) lives with me. I have been recently convicted of a felony:violent crime; which is petitioner's reason why it would be of best interest my child live with him ,I only would get visitations. Petitioner was the alleged victim. An appeal is pending on the felony issue. Can I lose primary residence and be subjected to limited visitation of my child because of the conviction?

He owes a nightclub (where he works open and close) and I work in a fast food restaurant. He has no parenting instinct. He is still married but separated for about 5 yrs.with three other kids who don't have any knowledge of my child (and whom he obviously doesn't have a shared parenting plan with his current wife), His wife knows of my child,she's very hateful towards my child, has told me she doesn't want her kids to meet my child. Can he really be eligible for the related relief he's seeking? Is there some way I can postponed this actions against me? What would be admisable in court in potraying him? Is his past parenting relevant?The conviction was for aggravated battery with deadly weapon. The local legal aid is refusing to help me because of my conviction, they say it would go against their grant regulations. I live in Florida.

I have never had any issues with dcf, my child is in a healthy happy environment home and well taken care of. I have secured daycare and health insurance for her without any of his income which he conveniently stop providing since February of this year when the incident occurred. He has a case pending for serving alcohol to a minor. Yesterday he showed up at my door and said he wasn't aware his attorney had filed the summons. This felt like an excuse so id let him in the house to see my kid. In the past I have had to stay in domestic violencer shelter because of him. :confused:

artlady
Dec 24, 2008, 06:59 PM
I would call a local woman's shelter and ask if they can assist you in getting legal aid.I don't understand the grant regulations deal and I think that a woman's shelter(perhaps one you stayed at before) could help you.

Working in a bar and serving to a minor has no precedence here.Its not a reflection on his ability to parent.

You need legal help.. you can't go to court and expect that the judge will favor you because you have done well in the past if you have committed a violent crime now.They look at now.A felony violent crime is very serious and you may very well do some time for this.. yes?

You need legal help.. Find someone who will help you.

In the bureaucratic nonsense that is our judicial system the only way to go to court is armed with counsel .Keep bugging people until you get someone to hear your plea.

Someone has to help to defend yourself.

Ask your PO what to do.

Good luck!

Fr_Chuck
Dec 24, 2008, 08:23 PM
Or we can see what he will be telling the court, he is a hard working business owner, and you are now a convicted felon.

Yes this can be grounds to ask for a change in custody of the child.