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Ive got a husband who was recently released from prison for

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I've got a husband who...
I've got a husband who was recently released from prison for the third time. Incarerated for meth. The last time was for intent to distribute. I believe he had over 20 grams on him and was also charged as a violent offender as he was carrying a bee bee gun on him at the time of arrest. My question is, he and I have a 13 year old daughter together and are getting a divorce. He has never been a part of her life w/ the exception of his release in June of this year. He is still currently on parole and will be for the next 2 yrs. He is planning on hiring an atty. When, I don't know. He's never paid child support. What are the odds of him getting visitation?
Submitted: 8 years ago.Category: Family Law
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Answered in 11 minutes by:
1/1/2009
Family Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
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Thank you for coming to JA for guidance.

 

There are many factors that a judge will consider in determining whether your husband may have visitation, all amounting to the best interests of the child. Generally, felony convictions weigh heavily again him and you may be successful in not only denying him visitation, but also terminating his parental rights based on the facts you have provided. If his parental rights are not terminated, even if he is denied visitation or obtains only supervised visitation, he may still be required to pay child support based on your comparative incomes. If you earn more income than he does, he may not be required to pay child support.

 

In addition, the judge should consider your daughter's desire whether to see or not see her father. You will need to retain an attorney to represent you in the divorce and likely a guardian ad litem to represent your daughter's interests. Preventing visitation or terminating parental rights is a complex matter and you should not attempt to represent yourself. A good website for information on attorneys is www.attorneylocate.com.

 

I hope this answers your questions and provides you with the guidance you need. All the best to you and your daughter in the coming new year.

 

 

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
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