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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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Ty I am so glad to be able to get some legal advice brother

Customer Question

Ty I am so glad to be able to get some legal advice for my brother that was charged 8 years ago with a second degree sex offender not of a child but with a woman in her they said not in her right mind. He will be getting out Jan. 2017 and wants to see his 2 children by different mothers one is 12 in the other 18.. Can he just show up to see them legally?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: NC.
JA: Have you talked to a lawyer yet?
Customer: No I haven't because he is not out yet but wants to see them and i believe he will be on porole
JA: Anything else you think the lawyer should know?
Customer: He just wants to know will he be able to have visitation rights.. The mothers do not want him in their childs life.
Submitted: 3 months ago.
Category: Family Law
Expert:  Samuel II replied 3 months ago.


This is Samuel. If there are no restraining or protection orders against him by the Mothers then he is not precluded from visiting them. His conviction would not automatically preclude him from seeking visitation with the children. Now, I suggest, that he might not just show up at the door, because if he has had no contact with his children they may be apprehensive and so it is best to try to contact the Mothers and ask for supervised visits at first so the children can get to know their Father.

If the Mothers will not allow it, then I suggest he file for court ordered visitations. But unless his children were victims of his crime then there is no law keeping him from them. But he wants to make sure that he is not doing anything that might cause the Mother or the children to be "alarmed" by him just showing up at the door. He should consider planning it out.

Expert:  Samuel II replied 3 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.

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