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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37823
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My ex husband (divorced 13 years ago), is suing me for access

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My ex husband (divorced 13 years ago), is suing me for "access to, or possession of" our minor children. The girls are 16 and 14. He is a career felon who was just paroled last year. They don't know him. The last time they saw him ther were 3 and 1. Does he really have a chance, just because he is the biological father and was recently arrested for non payment of child support... Arrears $36,000.00
Good morning,

I'm sorry to hear of your dilemma.

First of all, the issues of child support and visitation are entirely separate and the court will not deny visitation because of arrears of support being present, I'm afraid.

As the biological father of the children he certainly have the right to petition the court for visitation---and unless he poses a danger to them, he will likely be granted visitation. You might consider asking the court to order supervised visitation, at his expense, until the children can become accustomed to him---but unless you can prove that he poses a danger to them, he will likely prevail---I'm sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,


LawTalk and 3 other Family Law Specialists are ready to help you

Thanks... But surely the fact that he has been in and out of prison would be a major factor in the judge's decision. Which is why I suggested supervised visitation. The courts do not simply deny parental rights to felons---it doesn't work that way. Even convicted sex offenders are allowed to raise their children---frightening as it may seem.


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