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Dylan2012 · Jul 11, 2012, 08:38 PM

My ex has been incarcerated more than half my children's life, I have sole custody of them and she has not been a part of their life's for a long time. She is once again in prison but may be released soon, she has threatened to fight for custody when she is released. What are her chances in regaining custody of them, they hardly know her.

cdad · Jul 12, 2012, 03:41 AM

If she has been away from the children as you say. The courts aren't going to just hand them over. She has a right as parent to visitation and the courts can limit that right. The norm for cases like this is to have a get to know you period. Supervised at first then later extended into more after an approved period.

ScottGem · Jul 12, 2012, 03:43 AM

I agree. If anything she will get supervised visitation. If she remains clean she may have the supervision requirement lifted. But I can't see her getting custody.

Fr_Chuck · Jul 12, 2012, 06:13 AM

I agree also most courts will go either supervised visits or vists though a counselor to start monitored by court. Don't see her getting custody, just visit at most

Dylan2012 · Jul 12, 2012, 07:49 AM

In the last 5 almost 6 years she has only seen them 3 times. They have virtually no relationship with her, other than knowing that she is their bio mother. She has been a addict and in and out of trouble and jail/prison their whole lives. I am just afraid she will come back and play the I am clean and a changed person card and try for some type of custody. I just want to ensure that she is stable and clean before she re-enters their lives. They don't need here today, gone tomorrow but she has never been capable of anything else. Thanks for your responses.

ScottGem · Jul 12, 2012, 07:51 AM

That what supervised visitation will do.

Dylan2012 · Jul 18, 2012, 12:46 AM

Who would supervise these visitations? We live in different states would she have to come to the child's home state for the visits? Also could I ask that she be routinely drug tested because of her history of drug addiction and her felony conviction for drug sales?

ScottGem · Jul 18, 2012, 02:57 AM

In this case, I would think she would have to come to the child. And you can request testing, the court may not grant it though.

Dylan2012 · Jul 20, 2012, 01:18 PM

What if she is on federal supervised release and is not supposed to leave the area she has been released to? Would they make me take the children to her? She has not paid one cent in support for these children, I also have other children I am raising so money is tight. I do not have the extra money to drive them to and from to visit with her. Also will they make sure she has a stable home environment, a job, a car, and a way to support them during visits before they lift the supervised visits. I would like to see supervised visits for at least a year before I have to let them go with her unsupervised. Last time she was out of prison it wasn't more than a few months that she was back to committing crimes and doing drugs. I know nobody can say for sure, I just know nothing about this and am very stressed and worried about her presence in their live's.

ScottGem · Jul 20, 2012, 05:23 PM

I don't know what a court will rule. They may see the mother as getting her life together or they may go more for your side. You just have to take your chances and present your case.

Dylan2012 · Jul 20, 2012, 09:42 PM

Sorry to keep asking all these questions, and I know you can't tell me what will happen. I just want to know what the possibilities are and what my best path will be. Is there anything I should do before she gets out of prison? Also how will it affect her chances if she doesn't have a attorney verses if she does have one? Thanks again for all your help.

ScottGem · Jul 21, 2012, 05:27 AM

My best guess is that you can ask the court to wait until she has proven her rehabilitation before visitation is allowed. And that would be granted. A year would be a reasonable time. If she is clean after a year her travel restrictions may be lifted and supervised visitation an easier possibility.

If you take that position basically, that you don't want to deny her visitation, but you want to ensure the safety of your child, that you will get that.

Yes, she has a better chance of getting what she wants with an attorney then without one. I don't see there is anything you can do but wait until she files.