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Rose Zapor
Rose Zapor, Family Lawyer
Category: Family Law
Satisfied Customers: 81
Experience:  Ten years as a Family Lawyer, Published author.
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My 46 year old son was convicted in Idaho of a sex crime in

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My 46 year old son was convicted in Idaho of a sex crime in 1992. He did all that he was instructed to do and made all restitution that he was ordered to do. Since that time, He was married for 12 years, worked in the paving business, had two children whom he always has been very close with even while living in Florida, he came back to visit them and communicated constantly with them.   In 2007 he left Idaho and went to Florida in to take new employment. His intention was to bring his family with him to Florida. A couple of months after he started a new job there his wife served him with divorce papers. He has joint custody of his children, but is now incarcerated for missing his registration date by a few days. His wife is attempting to cut off communication with him and with his family, not allowing communication with the children. What rights do he and his family have? Please help. Thank you.
Hi. I am sorry you are having a problem. Your son has a right to communication with his children because the court has granted joint custody. If she is not following the court's order, your son can institute contempt proceedings against her. You, as the grandparents, might be able to intervene on your own behalf to enforce your son's rights. Some states allow grandparents to have some rights when their child is still alive and has parenting responsibilities and rights. You will need a lawyer of your own separate from your son's lawyer. Also, be sure that your son has filed a Motion to Modify child support while in jail due to the change in his circumstances. The court can only modify support back to the date of the motion and not retroactively to the date upon which his circumstances changed.

Good Luck,

Rose

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