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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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The father of my son was charged with Misdemeanor child

Customer Question

The father of my son was charged with Misdemeanor child abuse for abandoning my son in a parking garage outside of casino in NC for over 2 hours at night. He received a plea with prosecution to have it dismissed if he completed the terms they provided. He did. He currently has a physical assault/domestic violence case pending against him and his current wife. He currently resides in SC, active duty army, although this was dismissed in NC do I still have legal standing for termination. My son is still in counseling, refuses to have anything to do with his dad and doesn't like to be out after dark (I'm working on that with the assistance of the therapist) please advise
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard

Are you asking about a modification to terminate his unsupervised visits?

Customer: replied 1 year ago.
i'm seeking to terminate all his rights. We already have modified orders due to his historic behavior. He's had supervised visits in the past, we utilize a safe haven exchange for drop offs. He is currently in a alcohol and substance abuse out patient program. When he was arrested with my son, my son was sent to social services because he refused to provide the cops and the social service worker my or his wife's information, stating it was only him and my son there was no one else. My son told the worker my number was in has dads phone, that he talked to me daily, as well as skyped.But now that the charge was dismissed not because it didn't happen but because he did whatever the State asked him to do and because he currently doesn't have contact with my son. I don't want contact to be re-established.His father comes to Texas and says I'm crazy and the incident didn't happen but I have the police report and all the information from family services
Expert:  Samuel II replied 1 year ago.

Thank you. ***** apologize for the delay in this response.

Yes. I suggest you consider continuing with the Modification. The fact is, what happened did happen. He was found guilty, but completing his probation erases the guilty plea. That does not change the facts.

Expert:  Samuel II replied 1 year ago.

And I suggest you can file the Modification on your own or you can consult with a local attorney.

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