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Gm32325 · May 27, 2011, 12:03 PM

My son is 8 I see him everyday and take him to the park fairs etc I ve been in my sons life and saw him everyday of his life my conviction was in 1992 my sons mother when we argue says you'll never see your son again and is a ex herion adict and had my son taken away from her and given to her sister for drugs and being in a crazy hospital she now has custody of my son again and is on ssd and soc services this is in ny. Can someone please give me some advise ty

ScottGem · May 27, 2011, 01:03 PM

Are you the legal father? Are there court orders for custody, visitation?

Given the mother's history, I think its just as likely that her rights would be taken away than yours.

kcomissiong · May 27, 2011, 01:04 PM

Can she have your rights taken away.. no, only a court can do that. Does she hold all of the cards without a custody and visitation determination... yes. You need to petition for a determination of custody and visitation. If you want sole custody, ask for it. Document, document, document. If you have evidence of her drug use,present it to the court, and ask for testing. If there is a custody/visitation order in place, you have recourse is she violates it. You are giving her all the power by not using the courts and laws to protect your rights. I can't predict the outcome, but I can guarantee that she will continue to do as she pleases without a court order to compel her otherwise.

this8384 · May 27, 2011, 01:29 PM

Originally Posted by Gm32325

My son is 8 i see him everyday and take him to the park fairs etc i ve been in my sons life and saw him everyday of his life my conviction was in 1992 my sons mother when we argue says youll never see your son again and is a ex herion adict and had my son taken away from her and given to her sister for drugs and being in a crazy hospital she now has custody of my son again and is on ssd and soc services this is in ny. Can someone please give me some advise ty

As the others have said, unless there is a court order granting you visitation, you have absolutely no rights at this point.

Could your conviction work against you? Possibly - although it depends on what your conviction was for. Plenty of people get a bad rap for being a "sex offender" when they did nothing more than have sex with their girlfriend who was a year younger than them - but that's off topic.

If you have proof that her behavior is erratic and she is potentially dangerous to the child, I would file for custody. The keyword is proof - anything else is hearsay and a waste of the court's time.

Gm32325 · May 27, 2011, 03:01 PM

Thank you all I wanted to see is where I stand before I stir the pot with the courts and my sons mother who does nothing but sleep All day high on on liquid methadone provided by the good state of ny crazy huh I am just tired and shouldn't be her slave because I had a kid with her I am a baby's dad who cares not like some deadbeats out there I love my son who is mine but can't stand his mother it's a shame

ScottGem · May 27, 2011, 03:07 PM

You stood his mother long enough to have sex with her! This fact WILL be noted by the courts.

But you seem like a standup dad so you should consult an attorney who can help you navigate the stormy waters of Family Court.

Gm32325 · May 27, 2011, 07:03 PM

We haven't had sex in almost 9 yrs last time was when she got preganate with my son onex. Spected. Lol I love him to death like any normal good parentshould. Ty all I need legal help I just don't wanta never see my son again by bringing my sons so called mother to family court I as a man can say I am scared and I never say that about anything or to anyone about anything my son is my whole life but should I suffer for it w her bs she puts me through