Custody Question

[SillyGooses]

Dear Soc;

I have  a question concerning a custody order dated back to 1996. I gave my ex wife sole legal & physical custody of both my children which states that I have no access to the children. I pay my child support faithfully every week, but do not see or visit with my children due to a very hateful ex.
Here we go with they story in Sept 2003, My oldest son (14) was removed from my ex wife's home and placed with the probation dept for several reasons. he currently resides in a residential treatment group home  for juvenile sex offenders. he will possibly be there until 10/04 or longer depending on his treatment.
My questions are as follows:

1. Since the child is no longer in the custody of his mother, he is currently a ward of the court and in the custody of the probation dept, does this make the custody order that I have null and void?

2. The custody order that I have with my ex states that I have no access to the children, since he no longer is in her care, can I go visit with child at the group home since ex does not have custody? We have a court order that states he is in the custody of the probation dept.

Thanks for all your help!
Wanna be Dad again.

[socrateaser]

>1. Since the child is no longer in the custody of his mother,
>he is currently a ward of the court and in the custody of the
>probation dept, does this make the custody order that I have
>null and void?

No, NOTHING makes your custody order null and void, except the child's death. However, this is DEFINITELY a change in circumstances affecting the child's best interests. If the state is providing all care and has obtained custody, then the other parent should no longer be entitled to support, because there is no child to support. Move for a support mod.

>2. The custody order that I have with my ex states that I have
>no access to the children, since he no longer is in her care,
>can I go visit with child at the group home since ex does not
>have custody? We have a court order that states he is in the
>custody of the probation dept.

Technically, you would need a new court order to visit the child, however, as a practical matter, it is now entirely up to the State, whether you will be permitted to visit.