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-   -   Dose he even have right to see my baby? (https://www.askmehelpdesk.com/showthread.php?t=307526)

  • Jan 22, 2009, 11:55 AM
    Kristen312
    Dose he even have right to see my baby?
    Okay I don't know if this is the right place to ask this Question but oh well ill go anywhere for help... When my daughter was a month and 2 days old her father got arrested for child molestation. We were married at the time when all this happened but now are divorced and have been for 3 years. He got 5 years in prison and is getting out at the end of this year in December. I am so scared I don't know what to do. He writes his daughter all the time and sends her gifts. She don't even know who he is. She's never talked to him or seen him. I don't know what I'm going to do. I don't want him to see her, she's my baby and I fill like I'm putting my child in danger by letting her see him. I don't know what my rights are and if he can even see her when he gets out. Please help me so I know how to go about this or what should I do?
  • Jan 23, 2009, 07:04 AM
    stevetcg

    This is one for the courts to decide. It is entirely possible that his release will dictate who he can see. A court is going to have to rule on custody and visitation. Express to them your concerns. The fact that he got busted for a crime against a child will weigh very heavily.
  • Jan 23, 2009, 07:46 AM
    J_9
    <moved to family law>
  • Jan 23, 2009, 07:50 AM
    ScottGem

    In the divorce was anything spelled out as to custody, visitation and support?
  • Jan 25, 2009, 05:24 PM
    Kristen312
    Quote:

    Originally Posted by ScottGem View Post
    In the divorce was anything spelled out as to custody, visitation and support?

    He was already in prison when I got the divorce so its not like he could fight for custody or visitation. I have full custody of her and I don't want that to change. Im going to protect my daughter no matter what it takes. I don't ever want him to be alone with her. I just don't want to damage her life by saying here look its your reall dad have fun taken this one in. she will be 4 when he gets out she won't understand.
  • Jan 25, 2009, 05:41 PM
    ScottGem

    You didn't actually answer my question. You were awarded full legal or physical custody or both. Was ANYTHING said about visitation?
  • Jan 26, 2009, 08:19 PM
    Kristen312
    Quote:

    Originally Posted by ScottGem View Post
    You didn't actually answer my question. You were awarded full legal or physical custody or both. Was ANYTHING said about visitation?

    There was nothing said about visitation at all actually. So I don't know what's going to happen there's just no way he can see her I know that. He can't be within 100 yards infornt of a child or something like that.
  • Jan 27, 2009, 07:35 AM
    ScottGem
    Ok, if his sex offender status says he can't be with children, then you should have nothing to worry about. If he attempts to contact you call his PO. Since there is no visitation order, you can refuse visitation.

    If you want to go through the expense of getting a TPR, it would probably be granted in this case, but I don't see the necessity.

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