Absent Parent's Rights

My question involves a child custody case from the State of: North Carolina.....My daughter is 3 years old....Her "father" has not seen her since she was 1mnth old. He just recently started paying me child support just this month. So now he wnts to get visitaiton....His criminal background is extremely long!!! He has assault charges dui's assault on an officer,...it just keeps going! Whats the chances of him getting her??

It's virtually guaranteed that he'll get visitation if he files for it.

Despite his criminal background, he's apparently not unfit - even with those charges. And even if there was a question of fitness, he'd likely get at least some supervised visitation.

WOW! Thats crazy! Sooo what if theres an incident involving indicent liberties with a minor charge? How wld that affect?

Why is it crazy? Do you realize that even convicted sex offenders can have custody - not just visitation, but CUSTODY - of their children?

That aside, when was the charge and what was the outcome?

I assume it wasn't against your child, right?

Any charges BEFORE the presence of the child aren't likely to be considered. The courts generally take the stand that the decision to choose whether or not a parent is fit to BE a parent rests with YOU - and since you found him fit to make a child with, the court will honor that choice and uphold his rights regarding his child unless and until there is some obvious and overwhelming reason to interfere with your choice. If the charge against a minor resulted in a criminal conviction, THAT is something the court will weigh with great gravity, but even WITH a conviction, the likely outcome at the greatest extreme is supervised visitation. Unless you are found unfit for some reason, even without ANY criminal background, he's not going to get custody - because the court isn't about to disrupt the child's entire sense of the world if they already have a capable parent that they are bonded to; but yes, I'd be planning on some level of visitation.

Im not totally against the visitation thing....I just dnt wanna go to court and theyre like hey he gets here every weekend starting now and i have to hand her over....shes 3 not a baby....like are they really gonna send my child with someone she DOES NOT know! And no it wasnt against my child!!!!

I dnt know where ur from but the state of NC a registered sex offender can not have custody of any child

One more ? If ya cnt use someones background record to prove them and unfit parent how r u suppose to do it....Just sayin Im pretty sure thats how most people do it

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Quoting Khloesmommy1013

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Im not totally against the visitation thing....I just dnt wanna go to court and theyre like hey he gets here every weekend starting now and i have to hand her over....shes 3 not a baby....like are they really gonna send my child with someone she DOES NOT know! And no it wasnt against my child!!!!

I dnt know where ur from but the state of NC a registered sex offender can not have custody of any child

One more ? If ya cnt use someones background record to prove them and unfit parent how r u suppose to do it....Just sayin Im pretty sure thats how most people do it

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First, please don't use text speak. It makes your posts very difficult to read.

Second, you didn't answer the questions. There is a reason why they were asked.

Third, the court would likely order graduated, supervised visits at first. Then the usual schedule.

Finally, google what actually makes a parent "unfit". I think you're in for a surprise.

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I dnt know where ur from but the state of NC a registered sex offender can not have custody of any child

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Even the HIGHEST level of sex offender in North Carolina, a "sexually violent predator", as defined in N.C.G.S. §§ 14-208.20, 14- 208.2, isn't BARRED from visitation - and as we've told you already, he doesn't have a chance at CUSTODY. But you DO need to come to the understanding that if he seeks it, he IS almost CERTAINLY going to get at LEAST supervised visitation. Under North Carolina law (enacted 2007), the specific requirement regarding registered sex offenders in a custody proceeding is that a sexually VIOLENT offense must be disclosed - and "indecent liberties" isn't even CLOSE to the classification of "sexually violent offense" (one being a misdemeanor, the others being serious felonies). What is the status of the charge against him? Was there an actual conviction?

Ok first dnt b a smartass, 2nd I can type how I wnt, 3rd I thought this was for advice not slamming people so u guys have a great day!

You can type how you want, but don't expect VOLUNTEERS to try to decipher your illiterate ravings.

K well thnks for the "help" I have a lawyer now!

I'm sure you do.