Ex Con and Parental Rights

[franksfriend]

My friend in a Federal Correctional Institution.  His little boy has been visiting his father for the past 4 yrs with the help of his Grandmother.  However, about a month and 1/2 ago, the boys mom decided to stop allowing the visits.  She has sent my friend a letter, stating when he gets out ( in about 4 yrs or less) he will only be allowed to visit his son once a week and/or an hour on the weekends.  Can anyone help me to find out what legal rights my friend has once he is released?  Thanks

[patton]

I would assume he would get some kind of supervised visitation.  Also I think it would depend on what he went to prison for? (you didn't say).

Does he have a court order that allows visitation now?  If the Mom doesn't ask for a modification, then I would also assume until she does that one is the one they will go by.

[wendl]

Have your friend continue to try and stay in contact with his child.

A lot will depend on what he is in jail for.

Depending again on what he is in jail for he may get supervised visits at 1st then work into overnights unsupervised.


**These are my opinions, they are not legal advice**

[yarrow]

I agree with the others that it depends on what he is in for, also if she is going out of compliance with the decree.  If he/others helping him have the resources, they could start litigation against the mother, and order to show cause...Depending on the state you're in and the laws and precidence set with other similar cases, he might get lucky.  In researching court cases there seem to be an equal number which award and don't award visitation to an incarcerated parent.  I am currently in litigation with my husband's ex for his relationship with his boys.  Even before he went to prison we had begun the court proceedings, and for the year + she clearly went out of compliance ithe the decree she wrote.  We finally have an OSC hearing on the 27th.  Though we're asking for visitation, phone calls, and letters, if all we get is the subjectivity OUT of her hands and into the court's, with a clear plan on how my husband may work towards state minimum parent-time and eventually 50-50 custody if possible.  My husband is in under white colar charges, so his case may be a bit different.  And, his ex wrote him, early on, that her behavior was not because he was not a good parent.  she feared the government.   Hard situation.  An OSC hearing, a bit of research at the nearest law library, and alot of prayers may turn things around, or at least bring your friend peace.  Best wishes!  Oh, and the advice to stay in contact with the children is absolutly crutial --mail, phone, etc.  Whatever he CAN do.  I'd recommend that he copy the letters he sends to his child(ren) and mail them to a good friend with a cc:____(the person's name), or his attny, on the bottom.  Any 'tracking' and documentation will be helpful in the future.  Also, he ought to write a description of his relationship with his child(ren), describing the visits, etc, and put it into an affidavit form....also for later use if necessary.  I thik this site has good tips on the documentation aspect.  Crutial.  Even if visits aren't granted, and things turn out the way his Ex wants it, the child(ren) will need to know asn see that dad did everything he possibly could, even if it takes to their adulthood to have a 'real' relationship with him again.
-yarrow

[FleetingMoment]

As usual it depends on what he's in prison for.  If for example, he's in there for drug-related burglaries, what the mother is telling now is not going to hold up later.

When he's first released, assuming she succeeds to keep his child away for up to the next four years, a court may arrange for what is similar to a stepping stone visitation schedule.

His child will not have seen him in some time, so the visits may be limited until he and child get to know each other fairly well. This is set up to avoid emotional trauma for the child. But in increments of maybe a month at a time, the visits will get longer. I would tell your friend not to worry about that too much. He will get his visitation rights back and as along as he stays rehabilitated, there's no reason to prevent him from fulfilling his role as a father.