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My child's father has seen my 13 year old twice in 13 years and now decided he wants joint custody. He has been in trouble with the law from drug charges b&e bad checks up to like 2000.00 a hit and run the list just goes on. He also has a live in girl friend which they share a child and she has another child she lost because of her drug charges and prostitution charge's they both spent time in jail. I really don't even want him near my child what are the odds he gets her ?
I'm not a lawyer and am not giving legal advise, but I have had issues with custody over my son with his father and if you can get proof on paper of all that you have listed above, it will help. I say this because as long as he is listed on the birth certificate, he has a right to see his child. Now, whether that is supervised visits or not is more than likely going to come down to the proof of all the things you have said he has done or is involved in. I would get a copy of his record and hers. This should be public record at your local clerk of court. In my opinion the chances of him getting Full custody would be 0% but as I said earlier, everyone has a right to see their child. It's do you want it to be the two of them alone or someone to supervise? Get the proof and make copies.Quote:
Originally Posted by tkh2529
I hope that this will help you in the right direction.
Of course you would only be able to have such proof admitted according to the rules of evidence. Proof of convictions is admissible. The other things, maybe not, unless you have live witnesses who can testify to their own personal knowledge.Quote:
Originally Posted by need2ask
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Originally Posted by need2ask
I see no indication that there is a custody or visitation order in place now. Criminal records are not necessarily public record.
As far as a "right" to see the child - you are confusing moral, ethical and legal and this is the legal board. Without an Order the father has no rights.
The way to get supervised visitation awarded is to PROVE the father (and his girlfriend) are a danger to the child. Drug addicts are certainly not suitable parents but past records do NOT prove that the parent is a danger to the child.
Actually, without a court order, both parents share full custody rights (assuming he is on the BC). Often this is mere quibbling, but suppose, for example, father had the child. Then he could keep the child without an order in place.Quote:
Originally Posted by JudyKayTee
Actually when his name is put on the birth certificate he is the "Rightful" father, therefor if the tables were turned...
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Originally Posted by need2ask
So you are saying that having the name of the father on the because gives him automatic custody and/or visitation without the need for a Court Order?
Could a man who has not had contact with his child for 13 years and with a criminal history, get joint custody, yes legally the man has not lost any of his rights. Plus how good of an attorney will the man have, and how good of an attorney will the mother have ?
In all realism, most likely there is little chance, since but more realisticly he could get much more liberal visitation with child, and could use that to latter ask for more.
In Florida unless the father is denying being the father and he is listed on the BC he has rights. Until a DNA test is done to show differently.Quote:
Originally Posted by JudyKayTee
When I say that, I am saying that both parents have "Equal" rights until a court order is done. Or a DNA to prove he is not the father.Quote:
Originally Posted by JudyKayTee
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Originally Posted by need2ask
Again - no, they do not. The mother is the custodial parent until the Court decides otherwise.
I'm not going to go around and around. If that is what you think. I wish I knew you when I went through my custody. Cause the legal advise I got from Lawyers said different in Florida.Quote:
Originally Posted by JudyKayTee
Why don't you get it in writing from your Attorney and post that advice? I'm serious - that way we all know what the advice is, there is no misunderstanding, I know clearly what I am answering.
I do not have that lawyer anymore. He did What I needed and got my primary custodial right as a joint parent. My son is 12 now that was 10 yrs ago. But I do know many young women going through the same difficult problems. We have judges that want to make a point in Florida, showing that they are pro father when it comes to the rights of children... Sad!Quote:
Originally Posted by JudyKayTee
- you are aware that laws change on a very regular basis, right?
That is undoubtedly what happened. What was your experience then and what happens now are two different things.
That's an important distinction when you are answering legal questions.
I also failed to mention he is on SSI for his mental disability I am talking to a lawyer on Monday here in nc to find out what I can do. I just want to protect her she also has a mental disability asperger's syndrome. He also has domestic violence on his record againest me and a few others and I do believe his current. Also when my child was about 3 months old dss was involved and told me because of his violence and him not complying with going to angry management like they asked. They told me I had to leave with my child or they would take her from me which well 13 1/2 years later here I am trying to keep her safeQuote:
Originally Posted by tkh2529
Well I am not sure about their current drug use but I do know he is on ssi for his mental condition. His girlfriend just got off probation for one of her charges it was back in 2006 and they convicted her 2/2011 I am pretty sure there is domestic violence between them. My child does not know him and I have people that will testify that he has not been around in her 13 years. I only found out he wanted to see her through the civil summonsQuote:
Originally Posted by JudyKayTee
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