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What are the Chances of a Felon Getting Visitation

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  • 05-29-2014, 06:02 AM
    Miro88
    What are the Chances of a Felon Getting Visitation
    My question involves a child custody case from the State of: Missouri

    Trying to make this incredibly long and painful story short. I have not had any contact with my daughter in ten years, she would now be 15. I was convicted of felony custody interference where custody was determined by default. I am married and have three other children with no issues legally mentally nothing. I don't know if my parental rights were severed, but I was in prison and never got any paperwork to that effect; they knew where to find me to serve me. I know it might be a no chance answer but could I even petition for supervised visits? Otherwise what happens when she turns 18, if I can find her is it ok to have contact with her then?
  • 05-29-2014, 06:13 AM
    Dogmatique
    Re: Any Chance of Felon Getting Visitation
    You served TEN YEARS for custodial interference? What on God's Green Earth did you do?!

    No. I cannot see you getting visitation unless the court decides it's up to the child, and that's your best case scenario..and this assumes you haven't been TPRd. It is NOT common for a parent to get visitation when the child is actually the victim. Not. At. All.

    Think about this. She's 15. Does she really need you in her life? Remember, this isn't about you.
  • 05-29-2014, 06:25 AM
    Miro88
    Re: Any Chance of Felon Getting Visitation
    Omigod no, it was only less than a year. The court processes took like five though, it was a real nightmare as I had left the country not even aware of any court order. Then massive media uproar. Was never in any relationship with the other parent, all the court proceedings were done in another state even though they knew I did not live there. Annnyway. How can I find out if my rights are terminated? I'm not saying she "needs" me but her siblings would like to meet her and I would at least like for her to know who I am, not the monster she's most likely been led to believe. My question about when she's legally an adult remains. Then if she tells me to F off, at least I've tried.
  • 05-29-2014, 06:32 AM
    llworking
    Re: Any Chance of Felon Getting Visitation
    Quote:

    Quoting Dogmatique
    View Post
    You served TEN YEARS for custodial interference? What on God's Green Earth did you do?!

    No. I cannot see you getting visitation unless the court decides it's up to the child, and that's your best case scenario..and this assumes you haven't been TPRd. It is NOT common for a parent to get visitation when the child is actually the victim. Not. At. All.

    Think about this. She's 15. Does she really need you in her life? Remember, this isn't about you.

    I suspect it wasn't 10 years since the OP is married and has three other children. However, it is still odd that the OP went to prison at all.
  • 05-29-2014, 06:50 AM
    Dogmatique
    Re: Any Chance of Felon Getting Visitation
    Quote:

    Quoting Miro88
    View Post
    Omigod no, it was only less than a year. The court processes took like five though, it was a real nightmare as I had left the country not even aware of any court order. Then massive media uproar. Was never in any relationship with the other parent, all the court proceedings were done in another state even though they knew I did not live there. Annnyway. How can I find out if my rights are terminated? I'm not saying she "needs" me but her siblings would like to meet her and I would at least like for her to know who I am, not the monster she's most likely been led to believe. My question about when she's legally an adult remains. Then if she tells me to F off, at least I've tried.


    Okay, help us out here Dad.

    Which court processes took five years, and what was the status during that?

    - - - Updated - - -

    Quote:

    Quoting llworking
    View Post
    I suspect it wasn't 10 years since the OP is married and has three other children. However, it is still odd that the OP went to prison at all.


    Phew! Okay that's at least a little bit better. But still...that's a harsh sentence unless Dad took the child and willfully kept her from Mom to a huge degree. Or snuck into someone else's house to get the child.

    Like that one other guy.
  • 05-29-2014, 06:55 AM
    llworking
    Re: Any Chance of Felon Getting Visitation
    Quote:

    Quoting Miro88
    View Post
    Omigod no, it was only less than a year. The court processes took like five though, it was a real nightmare as I had left the country not even aware of any court order. Then massive media uproar. Was never in any relationship with the other parent, all the court proceedings were done in another state even though they knew I did not live there. Annnyway. How can I find out if my rights are terminated? I'm not saying she "needs" me but her siblings would like to meet her and I would at least like for her to know who I am, not the monster she's most likely been led to believe. My question about when she's legally an adult remains. Then if she tells me to F off, at least I've tried.

    I would wait until she is 18 at this point. While she might consider telling you to "F off" she might not. Its also quite likely that she would be interested in knowing her siblings.
  • 05-29-2014, 06:58 AM
    adjusterjack
    Re: Any Chance of Felon Getting Visitation
    Quote:

    Quoting Miro88
    View Post
    all the court proceedings were done in another state even though they knew I did not live there. Annnyway. How can I find out if my rights are terminated?

    If you know where the court proceedings took place you can probably go online to the court's website and do a search of your name to find the case number. Then call the records department and arrange to get the complete file copied and sent to you. You'll either have to pay by credit card or send a check in advance. Once you get the file you can figure out what happened.

    Quote:

    Quoting Miro88
    View Post
    My question about when she's legally an adult remains.

    She's legally an adult when she is 18.

    Until then she does what her custodial parent tells her to do.

    However, if you file for visitation in court, judges sometimes take the minor's wishes into consideration.

    Before you go the court route you might first try locating her online, like facebook or linked-in, or whatever, and make a gentle attempt at contact that way.
  • 05-29-2014, 07:16 AM
    Dogmatique
    Re: Any Chance of Felon Getting Visitation
    Jack, he was incarcerated for some time (not the 10 year period), but hasn't seen her since she was 5 (this is the 10 year bit).

    I do disagree though. She might not even know who he is. Specially if there's been a stepparent adoption. I just can't see much (if any) good coming from that.

    - - - Updated - - -

    The adoption records would be sealed.

    Dad can use this, but it only adds his details to the "looking for" list. http://dss.mo.gov/cd/adopt/adoir.htm
  • 05-29-2014, 07:36 AM
    llworking
    Re: Any Chance of Felon Getting Visitation
    Quote:

    Quoting Dogmatique
    View Post
    Jack, he was incarcerated for some time (not the 10 year period), but hasn't seen her since she was 5 (this is the 10 year bit).

    I do disagree though. She might not even know who he is. Specially if there's been a stepparent adoption. I just can't see much (if any) good coming from that.

    - - - Updated - - -

    The adoption records would be sealed.

    Dad can use this, but it only adds his details to the "looking for" list. http://dss.mo.gov/cd/adopt/adoir.htm

    I would think that the termination of parental rights part of an adoption record would NOT be sealed. Also, I don't think that stepparent adoptions are sealed in the same manner as stranger adoptions. I could be wrong, but I don't see how the record could be entirely sealed.
  • 05-29-2014, 08:27 AM
    Dogmatique
    Re: Any Chance of Felon Getting Visitation
    If there're basically done in the same hearing, I can see sealing them all together.


    But let me have a looky loo.
  • 05-29-2014, 08:46 AM
    Mr. Knowitall
    Re: What are the Chances of a Felon Getting Visitation
    Quote:

    Quoting Miro88
    View Post
    Trying to make this incredibly long and painful story short. I have not had any contact with my daughter in ten years, she would now be 15.....

    Are you able to discuss these issues with the mother? It seems like, if you want a smooth reunification process, it would be counterproductive to have the first notice mom (and child) receives be a summons to court.
  • 05-29-2014, 08:54 AM
    Dogmatique
    Re: Any Chance of Felon Getting Visitation
    It was gobbledegook so I'll check back again.
  • 05-29-2014, 11:59 AM
    Miro88
    Re: Any Chance of Felon Getting Visitation
    Ok wait I haven't even had a chance to read all the replies but yes it is correct I did not serve prison time for that, it was suspended. I already had one of my other children when this happened but I was married a long time before that, only one marriage. I got a suspended sentence for the interference but it was still a felony since I was convicted of "concealing"... I left the country which is the very definition of flight risk and when I Returned sat in county jail until trial. They were trying to put a departure on me so it would have been double, so I just took it as far down as my lawyer could go.

    - - - Updated - - -

    Definitely not!! It was because of said parent that I ended up in this situation in the first place... I mean knowing where me and child were, deliberately filing a custody order in another state... Contacting the media, etc... If def say It was and is not in any way an amicable situation

    - - - Updated - - -

    She has to know who I am. I'm her mother and she was with me every day of her life for nearly five years. Five is old enough to have some glimpse of a memory and to know the woman you're living with is not your mother. She knew her sister, her "father"... Years have passed so she might have repressed those memories but I doubt that inside, she has no inclination to know me? I might have lost my rights legally but never lost hope that one day I would see her again and regardless of what anybody else says or does, that she as a human being could be willing to at least see me again. I didn't deliberately hurt her, I only hope that she has not suffered in these past ten years. I wouldn't care if I got to sit in a room with her for an hour a month videotaped and recorded, at least it would be something. I was advised not to pursue visitation three years ago because it would just lead to more false accusations and I would jeopardize my other children.

    - - - Updated - - -

    Yes it was so many years cause I had to deal with other charges that came later on. I was out on bond for a long time.
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